Members agree to all terms and conditions in the sections below and the waiver of liability. subject to change.
Ferrari Owners Group membership is on an annual term with automatic renewal by credit card. A membership may be frozen due to illness or extended travel once per year. Members may cancel their membership at anytime, however, membership dues are non-refundable except in the instances of serious illness or other disability.
FOG assumes that all members will use their best judgment when participating in FOG events, including drives, and always operate their vehicle in a safe manner, including but not limited to abiding by all laws and posted speed limits and passing with safety and courtesy.
FOG strictly prohibits the solicitation of business of any kind from its membership, whether by fellow members or by non-member parties, and asks that, to the degree that a fellow member desires it, please respect their annonymity and do not post pictures of other members without their advance permission.
Use of password for access to the members only section of the FOG website is restricted for the use of members in good standing and may not be shared.
All members’ personal information is held confidentially and will not be rented, sold, or otherwise shared with any other party, except in the instance wherein a member specifically asks that their contact information be shared with another member.
Admittance to FOG events, including scheduled drives, overnight excursions, track events, movies screenings, FOG University events, holiday parties, or otherwise, are dependent upon prior registration, and if required, prepayment. Members who show up without a reservation and ask for admittance will not be accommodated. Members who reserve a spot at events requiring advance monetary commitments from FOG may be charged even if they do not attend.
The FOG member agrees that s/he will defend and indemnify FOG or any of its directors, officers, employees and agents (collectively ‘the indemnified parties’) against and hold each indemnified party harmless from all liabilities, damages, losses, claims, suits, judgments, costs and expenses (including reasonable attorney’s fees) for injury to or death of any person or damage to or destruction of any property arising out of the participation in any FOG event, or any guests or any person participating at the behest of the FOG member, be it a drive, track event, or any other social function, except that such indemnification shall not extend to acts of gross negligence or willful misconduct by the indemnified parties.
Ferrari Owners Group, LLC reserves the right to revoke membership in the organization at any time, at its absolute discretion, and without notice, due to a violation of the Code of Conduct or for other reasons related to the safety and general welfare of the membership and the organization. Ferrari Owners Group, LLC strictly forbids the solicitation of FOG members for business, fundraising, and the recruitment to other organizations, the promotion of religious or political causes, or the distribution of marketing materials to members without prior written authorization. Violation of this policy will result in termination of membership.
Waiver of Liability
WAIVER OF LIABILITY, ASSUMPTION OF RISK AND HOLD HARMLESS AGREEMENT
Members must read these sections in full and fully understand its content and fully agree to its conditions.
In consideration for receiving an invitation to participate in events organized by the Ferrari Owners Group, LLC (FOG) (hereinafter referred to as the “Trips”), I hereby release, waive, discharge, and covenant not to sue, Ferrari Owners Group, LLC., Ferrari Owners Charitable Foundation (FOCF), and its officers, servants, agents and members, including Joe Keon, (hereinafter referred to as “releasees”) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or relating to any loss, damage or injury, including death, that may be sustained by me, or to any property belonging to me, whether caused by the negligence of the releasees, fellow drivers, or otherwise, while participating in the Trips, or while in, on or upon the premises where Trips are conducted, while in transit to or from the premises, or in any place or places connected with the Trips.
I am fully aware of risks and hazards connected with participating in these Trips, and I am fully aware that there may be risks and hazards unknown to me connected with participating in the Trips, WHICH MAY INCLUDE PROPERTY DAMAGE, BODILY INJURY AND POSSIBLE DEATH.
I ASSUME ALL RISKS THAT ARISE OUT OF voluntarily participating in the Trips, and engage in activities, that involve driving and otherwise, knowing that conditions may be hazardous, or may become hazardous or dangerous to me and my property, and could result in personal injury, property loss, and death. I voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of my being a participant in the Trips, whether caused by the negligence of releasees.
I am fully aware of the legal requirement for me to maintain adequate personal insurance, and by participating in these Trips, I understand that I am acting on my own accord and that I am neither influenced by nor directed by any of the releasees. I understand that FOG AND FOCF do not carry participant insurance.
I further hereby agree to indemnify and hold harmless the releasees from any loss, liability, damage or costs they may incur due to my participation in the Trips, whether caused by the negligence of any or all of the releasees.
It is my express intent that this Release shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representatives, if I am deceased, and shall be deemed as a Release, Waiver, Discharge and Covenant Not to Sue the above named releasees.
Participant has been made expressly aware of the benefits of Section 1542 of the California Civil Code (if applicable), which provides as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Participant hereby waives and relinquishes all rights and benefits which he has or may have under Section 1542 of the Civil Code of the State of California
In signing this release, I acknowledge and represent that:
A. I have read the foregoing release, understand it, and sign it voluntarily as my own free act and deed;
B. No oral representation, statements or inducements, apart from the foregoing written agreement, have been made;
C. I am at least eighteen (18) years of age and fully competent; and
D. I execute this Release for full, adequate and complete consideration fully intending to be bound by same.
E. I have been offered the opportunity not to participate in the Trip if I do not agree.