!! IMPORTANT: Print a Copy and bring to your PFD for signing !!
Private Fleet, LLC
MEMBERSHIP AGREEMENT
This agreement made this date (mm/dd/yyyy) between Private Fleet Network, LLC (herein referred as PFLLC), the Private Fleet Member(s) (herein referred as PFM) , and the assigned/selected home Private Fleet Destination facility of (herein referred as PFD). By completing the application below, PFM will, upon approval by PFLLC and payment received, agree to the following terms, conditions and policies of this Agreement. This Agreement, in its entirety, shall continue for a minimum period of twelve (12) months, but may opt out after 3 months. However, you may continue your membership by making your monthly payments on time. Automatic renewal after 12 months is made unless either party hereto gives to the other, no less than thirty (30) days written notice of intention to terminate the renewal term. PFN to serve notice of renewal reminder no less than 45 days prior to expiration of this Agreement.
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PFLLC is a Limited Liability Company (LLC) comprising of members that have exclusive use on an open use (i.e. first to reserve) hourly and/or calendar basis of recreational vehicles and related accessories selected below (herein referred as “EQUIPMENT”). The EQUIPMENT are based and stored at associated Private Fleet Destination facilities referred to as a PFD.
NOTE: All PFD’s, unless otherwise disclosed in this Agreement or subsequent disclosures, are separate business entities from PFLLC and are independently owned and operated. PFLLC provides a network database service for all participating PFD’s to help track and control all PFD membership and reservation transactions. All membership rates are suggested retail rates of PFLLC, however, each PFD may establish their own rates, which may be higher or lower.
Under the term and provisions of this agreement, PFM shall have primary access to EQUIPMENT at their home PFD facility. PFM may also have access to other PFD facilities, depending on selected PFM plan(s), on a reciprocal or open use basis as defined herein. PFLLC, PFD and PFM collectively shall be referred to as the Parties.
Information from your Application:
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First Name: * |
Middle (initial): | |
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Last Name: * |
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Telephone: * |
Cell Phone : | |
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E-mail: * |
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Address: * |
Apt#: | |
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City: * |
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State: * |
Zip Code: * | |
SELECTED USE PLAN * | ||
| SPOUSE/FAMILY MEMBER |
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Name(first): |
Middle(initial): | |
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Last Name: |
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Relationship: |
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SPORTS/RECREATION OF INTEREST | ||
TERMS OF AGREEMENT
1. PFM ANNUAL MEMBERSHIP FEE SCHEDULE:
PFM FEE: The fee for an all-inclusive 12 months membership (minimum 3 months) for the category or categories selected above less any discount(s) is $. Membership fee includes orientation, insurance, storage, maintenance, sales tax, unsecured property taxes and license fees. Fuel costs are paid by PFM. You have selected and agreed to the terms of:
2. METHOD & TERMS OF OPEN USE.
a. MEMBER TO EQUIPMENT RATIO: PFM understands that the Member to EQUIPMENT ratio may vary depending upon PFD location, season and type of EQUIPMENT. Unless otherwise stated in this Agreement, PFM has selected this home PFD, which operates at a maximum 50:1 PFM ratio. PFM’s shall share the use of the EQUIPMENT with a minimum 12 months commitment (at PFM’s home facility) on an open use basis.
b. OPEN-USE RESERVATION: For home PFD members, PFM may reserve as far in advance as their PFD's will allow, as far out as their remaining term. Please consult your home PFD for details. For reciprocal or non-home PFD members, PFM may reserve from 24 to 72 hours in advance, which is determined by each PFD. Open use daily sessions is also determined by each PFD and is normally limited to 4 hours per day.
c. RESERVATION METHODS: Reservations may be made on-line, in person, phone, fax or e-mail. The preferred method is by logging onto PrivateFleet.com and click on Equipment Reservations. Enter your user name and password to view available times then enter your reservation. You may also cancel your reservation under the terms of this agreement to avoid penalties.
d. CANCELLATION NOTICE & PROCEDURE: To avoid possible penalties, PFM must provide cancellation notice at least 24 hours before the reservation unless the reservation was made within 24 hours of use.
e. NO SHOW POLICY: The system is set-up to issue automatic notices to each PFM when a no-show is made. Most PFD's have a three no-show limit per 30 days. Once you have reached the maximum no-show for that PFD, you will be suspended to reserve for 30 days. If you have had three suspensions in six months, your membership will be revoked without recourse and no refunds.
3. MEMBERSHIP BENEFITS & CONDITIONS:
a. ALLOWABLE RIDING AREA & USE: Upon completing an instructional course, PFM’s will enjoy the same benefits of private ownership. Each PFD will have their own riding limitations and rules. Please consult each PFD to understand their rules, policies and terms of operation.
b. STORAGE: Storage of EQUIPMENT will be maintained at the PFD facility and most are available on dock-side basis.
4. PFM DUTIES & CONDITIONS:
a. DAMAGE & ACCIDENT REPORTING: PFM must report any damage incurred resulting from accidental or defective causes immediately or within 24 hours for scheduling purposes. Any accident involving another vehicle causing injury and/or damage in excess of $500 must be reported to the local police or patrolling officer. PFM must obtain a copy of the accident report and submit it to PFLLC for insurance purposes within 7 days of occurrence. PFM is liable for costs, if any, not covered or collectible under the insurance policy that result from loss or damage caused or attributed to the user period of PFM or any of his/her family, passengers or guests.
b. PROHIBITED USE: No EQUIPMENT may be used for paid instruction, rental or sub-let of any kind nor for any other commercial purpose whatsoever. No EQUIPMENT shall be used or entered into competitive meets, tournaments or events.
c. EQUIPMENT CAPACITY & RIDING AGE: PFM agrees to insure that the total number of persons on board EQUIPMENT at no time exceeds the weight and passenger capacity as specified by the manufacturer and Coast Guard or that recommended by PFD/PFLLC management. All PFM’s must observe the legal minimum riding age. Riders below the minimum riding age are allowed to ride on any EQUIPMENT so long as there is a supervising adult of at least 18 years of age onboard.
d. EQUIPMENT INSPECTION & DELIVERY: EQUIPMENT shall be in good operable condition as far as the exercise of due diligence by PFLLC can make it so. Upon delivery, the PFM shall inspect the EQUIPMENT and report to PFLLC any damage or defects in writing. Failure to make a written report and acceptance of the EQUIPMENT by the PFM after PFM has inspected said EQUIPMENT, shall constitute acknowledgment that PFLLC has exercised due diligence. PFM shall be responsible for the cost of repair of any defects of the EQUIPMENT, not previously reported by PFM to PFLLC, upon its return.
e. EQUIPMENT RETURN: PFM must return EQUIPMENT at or before the reservation period. Late returns will be charged a penalty at the discretion of PFD and according to their policies. Please consult with PFD for their rules and policies. EQUIPMENT must be refueled to the same level as departure and returned in the same clean condition as departure at PFM’s expense.
f. DISCRETIONARY USE CANCELLATION: PFLLC reserves the right to cancel a reserved period due to adverse weather conditions or any other factors which, in the sole opinion of PFLLC, might adversely affect the safety of the PFM and/or EQUIPMENT. Said right of PFLLC shall not alter the PFM’s responsibility and/or liability, if any, for the ultimate safety of him/herself, passengers, guests, or EQUIPMENT.
5. TERMINATION, BREACH & MISCONDUCT:
a. ILLEGAL ACTS: If by reason of any default, illegal acts (except misdemeanor charges), abusive or adverse conduct on the part of the PFM with regard to any of the rules, regulations, or policies established by PFLLC, it becomes necessary to terminate a PFM, PFN reserves the right to revoke and cancel the rights and privileges of membership immediately upon written notice to the PFM. The decision to revoke and cancel the rights and privileges of the PFM shall be in the sole discretion of PFLLC management and said decision shall be immediate and final upon written notice to the PFM. Any unused allotment or term of membership will be forfeited and no pro-ration of fees collected will reimbursed to PFM.
b. WAIVERS & RELEASES: PFM hereby releases all PFD’s and PFLLC and all users of the EQUIPMENT from liability or loss for all personal effects or property of sentimental or monetary value, however determined, which the PFM desires to keep on board the EQUIPMENT over and above those items required by PFLLC.
c. LEGAL EXPENSES: In the event of litigation arising from default in performance of any of the provisions of this Agreement by either PFM, PFD or PFLLC, the prevailing party in such litigation shall be entitled to receive from the other party, reasonable attorney’s fees and costs of action incurred in connection with such litigation.
6. ASSIGNMENT: This Agreement and EQUIPMENT is non-assignable or transferable and this Agreement shall remain exclusive between PFLLC, PFM and PFD through its term.
7. PROMOTION CAUSED AMENDMENTS: From time to time, PFLLC will offer special promotions that may modify certain sections of this Agreement. As a matter of reducing costs, limited time promotions may be modified by submitting and including to this Agreement an Amendment signed by the Parties. The Amendment shall supersede specific terms and conditions of this Agreement through specific modifications and/or addition(s) of the Agreement.
8. GOVERNING LAW: This agreement shall be governed by the laws of the State of California and within the jurisdiction of the County of Orange.
9. LIMITATION OF LIABILITY: In no event, even if notified, shall PFLLC, any PFD, or other PFM, its officers, agents and employees be liable to or through PFM for indirect, incidental, special, or consequential damages, including without limitation, loss of profits or revenue; and PFLLC, its officers, agents and employees shall be held harmless from any and all claims for such damages.
10. SEVERABILITY: If any provision or provisions of this Agreement should be held invalid or in violation of law, all other terms and provisions thereof shall nevertheless remain in full force and effect.
11. GENERAL: PFM, PFD’s and PFLLC which are created by this Agreement, PFM does hereby agree to indemnify and save and hold all PFD’s and PFLLC harmless from and against any and all claims, demands, costs, attorney’s fees, losses, expenses, actions, causes of action and liabilities of any kind and nature which PFLLC may hereafter suffer, incur, pay or expend on account of or in any way arising out of the use, operation, rental, occupancy, maintenance, or entrusting of said EQUIPMENT, and further agrees to pay and discharge forthwith on demand of PFD’s and PFLLC each and every such claim, demand, cost, attorney’s fees, loss, expense, action, cause of action, and liability which shall be asserted, made, assigned, or apportioned against PFD’s and/or PFLLC by any person or entity at any time hereafter.
12. NOTICES: Any notice which any party must or may serve under this Agreement may be served in person, or by certified mail addressed to the other party at its last known address. Until or unless changed by written notice, the addresses for sending notices are as follows:
To Home PFD:
To PFM:
To PFLLC: PO Box 460, San Juan Capistrano, CA 92693
Execution of this Agreement by the Parties is an acknowledgment that PFM has received, read and agrees to this Agreement and terms and PFM further agrees to abide by all its terms and conditions thereof.
Private Fleet Member: ______________________________Date: _____________
Private Fleet, PFD: _________________________________Date: _____________
Rev. 06/11/08