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	WCD Terms & Conditions

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World Class Driving Terms & Conditions

World Class Driving, LLC
Club Membership Agreement

This Membership Agreement ("Agreement") is made and entered into by and between (i) each individual who agrees to be bound by the terms of this Agreement via electronic acceptance or who executes a signature page agreeing to be bound to the terms of this Agreement (each a "Member" and collectively the "Members") and (ii) World Class Driving, LLC, a Delaware limited liability company (the "Club").  BEFORE YOU CLICK ON THE "I ACCEPT AND AGREE" BUTTON AT THE END OF THIS AGREEMENT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE RULES AND REGULATIONS.  BY CLICKING ON THE "I ACCEPT AND AGREE" BUTTON, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.

In consideration of the mutual covenants and promises contained herein, the parties hereby agree as follows:

1.	Acceptance of Members.
Upon execution or electronic acceptance of this agreement, each Member agrees to be bound by the terms of this Agreement and the Club's rules and regulations attached hereto as Exhibit A (the "Rules and Regulations") now in existence or as amended or established by the Club from time to time hereafter.

2. Benefits.
As a member of the Club, each Member is entitled to register for and participate in Club events, subject to availability and execution by a Member of the Club's Rental Agreement, Waiver and Release (as may exist from time to time).  Members of the Club will also receive other benefits and offers as determined and provided by the Club from time to time.

3.	Fees.
Upon execution or electronic acceptance of this Agreement, a Member shall pay the Club the "Joining Fee" of $200.  The Joining Fee is non-refundable and will be deducted from a Member's initial event booking fee.  Member shall also be responsible for any and all event and other applicable fees with regard to a particular Club event as set forth in the Rules of Regulations or as determined by the Club.

4.	Rules and Regulations.
Each Member agrees to at all times while a member of the Club, including, without limitation, while participating in a Club event, to abide by the Rules and Regulations attached hereto as Exhibit A.  Member has read all of the Rules and Regulations and represents and warrants that such Member is in conformance with all required provisions of the Rules and Regulations and hereby agrees to act in conformance with all required covenants set forth therein.

5. No Ownership Rights; No Authorization.
A Member's membership in the Club shall not vest in any Member any ownership, distributions or equity in the Club.  Members are not "members" of the Club as defined by the Delaware Limited Liability Company Act and this Agreement does not constitute the operating agreement of the Club.  The parties to this Agreement recognize that this Agreement does not create any actual or apparent agency, partnership or relationship of employer and employee between the parties.  Members are in no way authorized to enter into or commit Club to any agreements, and Members shall not represent themselves as agents or legal representatives of the Club.

6.	Term and Termination of Membership.

6.1 Membership shall commence upon the acceptance of a Member by the Club as set forth in Section 1 and the payment of all fees required for membership.  Membership with regard to such applicable Member shall terminate (i) upon a breach by the Member of any provision of this Agreement, a breach of the Rules and Regulations, a breach of the Club's waiver and release agreement or breach of any additional instrument that Club requires a Member to execute or (ii) after two years if the Member has not participated in a Club event during such time (and the term of this Agreement for each Member shall be extended for a period of two (2) years after the applicable Member's participation in a Club event).  Subject to all its other rights and recourses, the Club may, at any time cancel the Agreement if the Member fails to pay any sum due under this Agreement or fails to comply with any term or condition specified in the Agreement.  Notwithstanding any such termination, the Member shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement.

6.2 Upon termination, all of the Member's rights to use the Club's services and vehicles shall immediately terminate. Additionally, the Member shall be responsible for and agrees to pay any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise (including, without limitation, any costs relating to recovering any of the foregoing property or any amounts due and owing to the Club).

7.	Term and Termination of Agreement.
This Agreement term shall commence on the Effective Date and shall continue until terminated by the Club in its sole discretion.

8.	DISCLAIMER OF WARRANTIES.
ALL CLUB SERVICES ARE PROVIDED ON AN "AS-IS" "AS-AVAILABLE" BASIS, WITH ALL FAULTS.  THE CLUB MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, WHETHER STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NONINFRINGEMENT REGARDING OR RELATING TO THE CLUB AND ITS SERVICES.

9.	LIMITATION ON LIABILITY.
IN NO EVENT SHALL THE CLUB BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, OR SERVICES, REGARDLESS OF WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, AND REGARDLESS OF WHETHER THE PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL THE CLUB'S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, RESERVATION, NONAVAILABILITY, SUPPLY, OR A MEMBER'S OPERATION OR USE OF A VEHICLE, EXCEED THE FEES PAID BY SUCH MEMBER HEREUNDER.

10. Indemnification.
Each Member hereby agrees to severally indemnify, defend and hold harmless each of the Club, any affiliates of the Club, and their respective shareholders, members, partners, directors, managers, officers, employees, representatives, subsidiaries, affiliates, agents, subcontractors, vendors, successors and assigns (collectively, the "Indemnified Parties") from and against any and all demands, claims, actions or causes of action, assessments, damages, liabilities, expenses, reductions in value and losses (including court costs, reasonable attorneys' fees, and expenses of investigation) of every kind, nature or description, whether direct or indirect, that arise out of or relate to (a) any breach or nonfulfillment of any representation, warranty, agreement or covenant made by such Member contained in this Agreement, the Rules or Regulations or in connection with the transactions contemplated hereby, (b) Member's conduct at any Club event, (c) any claims related to Member's use or operation of any Club vehicle, including, without limitation, any damage caused to such vehicle, other Club vehicles, other vehicles, third parties or persons or (d) any other indemnification obligation found in the Rules and Regulations, the member event form or any instrument executed by a Member.

11. Waiver.
The Club shall not be held responsible for any loss of, or damage to, any goods in or on the Club vehicles, nor shall it be responsible for any loss, damage or injury resulting to third parties from the use of a Club vehicle.  The Member makes use of or accepts the use of any Club vehicle, privilege or service whatsoever at their own risk.  The Indemnified Parties shall not be liable for, and the undersigned Member and his or her representatives and descendants, release and waive all claims against each of the Indemnified Parties for, any loss, injury, death, or damage to persons or property that at any time may be suffered or sustained by the Member occurring in, on or about the Club event site and driving course, or otherwise arising in connection with a Member's use of Club vehicles, whether the loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of any of the Indemnified Parties.

12. Miscellaneous Provisions.

12.1	The rights granted to the Member under this Agreement are not assignable or transferable to third parties, in whole or in part. Any attempt to transfer this Agreement without the written consent of the Club shall be void and of no force and effect.

12.2	No delay or omission by the Club to exercise any right or power occurring upon any noncompliance or default by the Member with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. Any waiver by the Club of any covenant, condition, or agreement to be performed by the Member shall be effective only in a writing executed by an authorized officer or manager of the Club and shall not be deemed to be a waiver of any prior or subsequent breach of the same, or of any other covenant, condition, or agreement hereunder. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.

12.3	If any term, provision, covenant or condition of this Agreement is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Agreement had been executed with the invalid portion eliminated. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.

12.4	This Agreement is governed by the laws in force in the State of Delaware and shall be interpreted according to the internal laws of such state, without reference to its conflicts of laws or choice of law rules. All disputes hereunder shall be resolved solely in the applicable state or federal courts of Delaware. The parties hereby consent to the sole jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.

12.5	The Club reserves the right to change this Agreement or the Rules and Regulations from time to time and shall forward notice of such changes to the Member in a timely manner. Notice to Members shall be considered given when such notice is sent by e-mail to the Member's address available to the Club or three days after mailing through the US postal system. If a Member fails to object to such changes within seven (7) days of notification of such new terms, this Agreement shall be deemed to be amended to include such additional or altered terms.

12.6	Each Member has the requisite authority to enter into and perform its obligations under this Agreement and the transactions contemplated hereby.

Exhibit A
Rules and Regulations
1.	Membership Qualifications and Requirements.
Each Member shall be required, at all times while a Member of the Club and while operating a Club vehicle, to:

-	be between 25 and 69 years of age (unless or as otherwise pre approved);
-	hold a valid U.S. or Canadian driving license (other license holders will require prior authorization);
-	have at least 3 years of continuous licensed driving experience;
-	have no restrictions on their driver license other than for eyeglasses;
-	hold current insurance from a nationally recognized insurance company;
-	acceptably drive a car with manual transmission (stick shift), in the Club's sole discretion;
-	be able to drive the Club's vehicles without the aid of special equipment; and
-	meet the other applicable requirements set forth herein or as required by the Club in its sole discretion.

While there is no specific weight or height restrictions for Members, all of the Club's vehicles have limited headroom and are fitted with racing seats which provide lateral support and it is the Club's experience that drivers over 280lbs or 6'5" are likely to be extremely uncomfortable.  The Club retains the right to modify these requirements for membership at any time, pursuant to notice given in accordance with the terms of this Agreement.

2.	Club Fleet Composition and Availability of Vehicle Types.
The Club shall make reasonable efforts to have the advertised vehicles available for use by Members for Member's driving date and location.  However, Club shall have the right to provide alternative vehicles if the advertised vehicles are not available for any reason whatsoever.

3.	Damage Deductible.
Member acknowledges that the Club's insurance carrier requires a $10,000 deductible and Member hereby agrees that the Member is responsible for the first $5,000 of the insurance deductible for any damage to a Club vehicle under their care, custody or control.  In the event that a Club vehicle sustains any damage while under the care, custody or control of a Member, such Member hereby agrees and authorizes Club to make a credit card charge on any credit card account provided by Member to Club, including the credit card account that Member uses to pay for a Club event or Club membership.  The applicable credit card must be in the Member's name.  Member is responsible for all damages discovered by the Club on the vehicles return. Members must ensure that any pre-existing damages have been properly reported to the Club before they accept any vehicle.

4.	Event Rules.
At all times, while operating a Club vehicle, Members will comply with all event rules, whether posted at such event, sent to a Member electronically before such event, as detailed and discussed by Club staff in training/briefing prior to a Club event or as included in these Rules and Regulations.  A Member's driving experience will be assisted by experienced Club staff who will drive guide cars at the front and back of all Club event drives.  Members are required to, at all times, keep the lead Club guide car in sight and stay with the group.  If a Member leaves the Club group, such Member shall immediately be expelled from the event and his or her membership will be terminated without refund of any fees paid.  In addition, Member hereby agrees that, at any time while operating a Club vehicle, Member will NOT:

-	Rev any Club vehicle's engine unnecessarily;
-	Use a two way radio or cell phone;
-	Take any pictures or video while driving or mount any video cameras in the vehicles;
-	Engage in any burn-outs or peeling;
-	Tailgate any other vehicle;
-	Operate the vehicle in an abusive manner or for any abnormal use;
-	Use a Club vehicle off road; and
-	Use a Club vehicle outside the designated route of the Club event.

In no event shall Member be allowed to travel more than 300 miles from the Club event site.  The Club may use its "black box system" to monitor a Member's operation of a vehicle, a GPS tracking device to monitor the vehicle's location and a remote engine disabling feature.  Members and passengers shall not smoke at any time while inside a Club vehicle and shall not bring any food or beverage into a Club vehicle or consume any food or beverage in a Club vehicle.  When available, Members shall at all times have traction control enabled on a Club vehicle.  A breach of these Rules or Regulations and any applicable event rules shall be immediate grounds for termination of membership and shall prohibit Member from operating any Club vehicle, as determined by the Club in its reasonable discretion.  Members will be required to perform a one time initial qualifying test drive accompanied by a Club employee to determine their acceptable operation of high performance or manual shift Club vehicles, such determination to be made in the Club's reasonable discretion.  Members acknowledge this requirement and in the event that a Member attends a Club event and upon Member's test drive is not deemed to meet the Club's requirements with regard to certain vehicle operation, Member agrees that they will not be allowed to drive a Club vehicle and/or participate in any Club event and that any fees and deposits paid by Member may be forfeited and Club shall not be required to refund any such fees or payments.

5.	Drivers Licensing.
Members must have a valid driver's license in their possession at all times in order to drive any Club vehicles. No copies or faxed licenses will be accepted at any time. The original license must be presented and must be in the name of the Member.  Expired licenses will not be accepted under any circumstances.

6.	Driving Record.
Members must maintain a good driving record at all times while a member of the Club, and shall have no serious delinquencies on their Equifax or other credit report at any time within 180 days prior to a drive date.  All Members may be subject to a driving record and/or license check with the Department of Motor Vehicles (DMV) at any time and Member hereby authorizes the Club to run a DMV and credit check at any time while Member is a member of the Club.

If any applicant's or Member's driving record reveals any infractions or violations at any time, an applicant's membership application may be rejected or a Member's membership with Club may be terminated in the Club's reasonable discretion.  Member agrees to maintain a good driving record and to report to the Club any driving infractions whatsoever.  Because driving a Club vehicle requires maintaining a good driving record, if the Member's license is suspended or revoked or if the Member is convicted of driving under the influence of drugs or alcohol or while intoxicated, of reckless driving, or of driving more than 25 miles per hour over the speed limit, Member agrees to report such suspension, revocation or conviction to the Club promptly. The Club will, from time to time, check Members' driver's licenses and reserves the right, in its sole discretion, to suspend or terminate the membership of any Member who does not meet the Club's driving record requirements.

Members are prohibited from driving or operating a Club vehicle if their driving record indicates any of the following (and a Member shall have the affirmative obligation of informing the Club upon occurrence of any of the following or if applicable at the time of application):

-	More than 2 minor violations in the past 3 year period;
-	More than a combination of 1 minor violation and 1 non-fault accident in the past 3 year period;
-	More than 2 non-fault accidents in the past 3 year period;
-	More than 1 "at fault" accident in the past 3 year period;
-	One major violation in the past 3 year period, such as vehicular manslaughter, vehicular homicide, reckless driving, DUI, DWI, speeding in excess of 25 miles per hour above the posted speed limit, illegal possession of any kind;
-	More than 3 administrative suspensions in the past 3 years;
-	More than 1 suspension for violation of child support; or
-	License currently under suspension.

7.	Additional Drivers.
Membership in the Club is personal, and cannot be assigned or delegated in any manner without the Club's prior written approval.  No additional drivers are permitted.  Violation shall be deemed a breach of contract. If any Member permits another person to operate vehicle while in their care the Member will be held PERSONALLY LIABLE for any and all resulting damages of any kind.

8.	Passengers.
In certain Club vehicles (as determined by the Club) Member may be allowed to bring a passenger while driving the vehicle.  Any such passenger must sign the Club's waiver and release agreement prior to entering a Club vehicle and agree to follow all Club rules. Children under 12 are not allowed as passengers. The parent or legal guardian of children between the ages of 12 and 18 must sign the Club's Waiver and Release Agreement for them.

9.	Adherence to Laws and Safe Driving Practices.
While operating a Club vehicle, Members agrees to abide by all federal, state & local laws, as well as all speed limits, driving restrictions, parking restrictions and traffic laws. The Club prohibits the exceeding of posted speed limits, the use of radar, laser or other speed measuring device detectors, or driving in a dangerous or careless manner. Membership/usage privileges are contingent on Member's adherence to this policy and the Club may revoke any Member's membership status and immediately terminate Member's use of Club vehicles if Member violates any such applicable laws or regulations in Club's sole discretion.  Members should always consider safety to be their top priority. They should also always extend the utmost courtesy and tolerance to other drivers and appropriately represent all the Members of the Club.  A Club event director has the right to immediately revoke driving privileges to any Member displaying dangerous, careless or uncourteous behavior.

10.	Tickets/Fines.
Members are responsible for all traffic, speeding or other tickets or violations issued while Club vehicles are in their custody, care or control, and Members shall pay any and all associated fees, penalties, towing charges, or impound costs related to infractions or violations.

11.	Use of Alcohol or Other Drugs; No Smoking.
Under no circumstances will a Member consume any alcohol or illicit, illegal or impairing drugs for twelve hours prior to a Club event or during such event.  Driving while under the influence of alcohol or drugs is a serious offense in all states.  Member's shall not be allowed to operate any Club vehicles while under the influence of any alcohol or drug, regardless of whether under any applicable legal limit. NO DRINKING AND DRIVING WILL BE PERMITTED.  Possession of any controlled substances shall not be allowed in a Club vehicle.

12.	Seat Belts/Safety Devices.
The Club requires that when you are traveling in a vehicle, the driver and, if applicable, passenger must wear their seat belts at all times.

13.	Loss or Damage to Company Vehicles.
In the event that a Member violates any of these Rules and Regulations or any other Club rules (including event rules), such Member shall be absolutely liable for any loss or damage to any Club vehicles which are in their care, custody and/or control, even if someone else caused such loss or damage, the cause is unknown, or such damage is due to theft, fire, hail, flood, collision, vandalism or any other cause, subject to limitations imposed by the law where the vehicle is operated.  Such liability shall include the full value of the vehicle, plus (i) actual towing and storage charges, (ii) loss of use, (iii) diminution in value, regardless of whether the vehicle is repaired or not, (iv) any out-of-pocket expenses incurred by Club as a result of the loss or damage to the vehicle and (v) any and all other applicable damages and expenses.  Notwithstanding any thing in this section to the contrary, Member shall at all times be liable for the deductible as set forth in Section 3 of these Rules and Regulations.

14.	Third Party Liability Claims.
Members shall be liable for all third party claims, including, without limitation, personal injury, death, and/or property damage in any way related to the use or operation of Club vehicles while they are under Member's care, custody or control.

15.	Accident Response Procedures.
If Member is involved in an accident involving a Club vehicle, the Member must immediately contact a Club representative and cooperate fully with the Club representative in following the following procedures.  First, seek medical attention if injured.  If possible, keep a log or record of all injuries incurred, and all witnesses, responding law enforcement officers, EMT or medical personnel.  If uninjured and still at the scene of the accident (i) obtain the names and addresses of third parties and any witnesses, (ii) report the accident to police, regardless of estimated damage costs, (iii) not accept blame or insist other party is at fault, (iv) photograph damage to all vehicle(s) and record all applicable registration number(s), participant names, insurance information, and other details, (v) provide  the Club or any Club manager or event staff with all relevant accident details, (vi) contact Member's auto insurance company in accordance with the insurer's procedures, with all relevant information on the incident.  At the Club event site the Member must (i) produce their Drivers License, primary insurance policy and provide the police report (if applicable) and any supporting photographs, and (ii) assist Club in clearly and accurately completing any applicable Department of Motor Vehicle accident reports, including execution of any and all necessary affidavits or attestations.  Member hereby agrees to use his or her best efforts in cooperating with the Club in the event of any accident.

16.	Vehicle Malfunctions.
Members shall immediately notify a Club staff member if Member believes that a Club vehicle is malfunctioning or otherwise in need of maintenance or repair.

17.	Insurance.
The Club provides Member with standard auto liability insurance at state financial responsibility limits for bodily injury and property damage liability and, only where required by law, no-fault and/or uninsured motorist coverage at basic minimum mandatory limits.  Member agrees to waive any and all other optional coverage, supplemental coverage, and optional or additional limits.  If Member has any other valid and collectable insurance, that insurance will be excess coverage above the state financial responsibility limit of insurance provided by Club. Member hereby agrees to assist Club or its insurance carrier in seeking recourse from Member's insurance carrier at the reasonable request of Club or its insurance carrier.
Club does not provide comprehensive and collision insurance to Member unless Member has no other valid and collectible comprehensive and collision insurance.  Member is responsible for Club's deductible if Member has no valid and collectible comprehensive and collision insurance.
Violations of the Agreement, these Rules or Regulations or the Club's waiver and release agreement, may void the insurance provided to the Member and may require the Member to be responsible for any and all damages to the Club vehicles.

18.	Cancellation.
If a Member has registered for a Club event and Member requests to cancel such participation for any reason other than an act of God or medical emergency (backed up by a doctor's certificate) the following cancellation fees will apply:
-	Up to 31 days prior to the event: Full refund.
-	15 - 30 days prior to the event: 50% of the event cost.
-	0 - 14 days: 100% of event cost.

In the event that the Club is able to resell a Member's reservation for an applicable event, the Club may waive any and all cancellation fees in is discretion.  Additionally a Member may transfer his or her reservation to another driver at any time, so long as they agree to become a Member (and meet all of the Club's requirements for Members) and such driver pays a non-refundable reservation transfer fee of $50.   In no event will the initial Club Joining Fee be refundable.

19.	Personal Articles.
The Club shall not be responsible in any way for a Member or such Member's passenger's personal articles or possessions that are brought to an event site or brought into a Club vehicle.  Member is solely responsible for all such possessions and hereby agrees that Clubs shall not be liable or responsible for loss or destruction of such possessions.

20.	Inclement Weather; Force Majeure.
The status of a Club event shall be made by the Club in its sole discretion.  Generally, Club events will proceed in the event of light rain.  Heavy rain could cause the event to be delayed or postponed to the next day. If the rain is persistent the Club may have to reschedule to another date or change a Member's booking to another suitable location.  Club shall use its reasonable efforts to accommodate delays in events but in no event shall the Club have any liability whatsoever associated with delayed or cancelled events (other than a refund to a Member in the event is cancelled an another mutually agreeable alternative event can be decided upon).  It is the sole responsibility of a Member to be on hand at any event site for the Club event or to contact the Club to determine if an event is postponed or cancelled.  The Club shall not be in default or otherwise liable for any delay in or failure of its performance under the Agreement or in performing a Club event if such delay or failure arises by any reason beyond its reasonable control, including any act of terrorism, act of God, or any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots, strikes or labor stopages, failures or delays in transportation or communications.

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