Terms of service

OVERVIEW
This website is operated by Lead Foot City. Throughout the site, the terms “we”, “us” and “our” refer to Lead Foot City. Lead Foot City offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Lead Foot City, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Lead Foot City and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at marketing@leadfoot.com.

This Agreement and Waiver and Release of Liability is entered into between the undersigned “participant, and Lead Foot City, it’s organizations affiliates, partners, sponsors, vendors, directors, officers, employees, volunteers, members, agents, contractors, contracted entities, facilities, and the owners, and lessors thereof, hereinafter referred to as “Lead Foot CIty” or collectively as releases”), In consideration for the privilege of participants use of facilities, Participant certifies that they are over the age of 18 and acknowledges and agrees as follows:
Assumption of Risks: This use of Lead Foot City property, facilities, staff, equipment,and/or services carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Lead Foot City and companies associated with has facilities for and provides for activities such use of racing, drifting, auto shop equipment, power tools, and other shop equipment. Some of these involve situations,environments, or activities that may lead to illness, physical injuries, hearing loss, psychological stress or bodily damage or death. The specific risk vary from one activity to another, but the risks range from:
Minor injuries such as scratches, bruises, sprains, and embarrassment.
Major injuries such as joint or back injuries, vision loss, hearing loss, loss of taste or smell, heart attacks, head injuries, and psychological trauma.
Catastrophic injuries including paralysis and death.
I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in the activities made possible by Lead Foot City and Ownership.
I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
Indemnification and Hold Harmless: I also agree to INDEMNIFY AND HOLD The Owners of Lead Foot City and it’s management harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement at and to reimburse them for any such expenses incurred.
Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the state of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I also fully understand that I am responsible for the damage of personal equipment, vehicles, trailers and any and all belongings brought onto Lead Foot City. I acknowledge that I am checking the box/signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
All participants and visitors to Lead Foot City (“LFC”) are required to carefully read and sign this liability waiver agreement in consideration of ability to participate and gain entrance. To sign a Waiver, you must be at least 18 years old. If you have a Family/Household Membership, the Primary Adult Liability Waiver along with this entire Terms & Conditions agreement is applied to all children and additional adults within the household on behalf of the Primary Adult/Guardian on the account. A parent or guardian must be present to sign a Minor Waiver for any individuals under 18 years of age. If the parent or guardian cannot attend the event, minors and their parent or guardian are invited to visit the LFC administration building Monday through Thursday, 10AM-2PM, to sign the minor waiver in advance. In some cases, the organizer of an event being held at the Facility may have a waiver that must be signed in addition to the LFC waiver. These waivers will be available at the event, or information will be made available on individual LFC event pages or corresponding websites.
PRIMARY LOCATION OF EVENT(S): LEAD FOOT CITY INC. 17109 Old Ayers Rd. Brooksville, Florida 34604
IN CONSIDERATION of being permitted to compete, observe, work, officiate, or participate in any way in the EVENT(S) (defined as any exhibition, performance, showing, training, competition, event, race, or program sponsored by or affiliated with Lead Foot City or any other Releasee, including but not limited to driving, parking, pushing, walking, sitting) or being permitted to enter for any purpose any AREA (defined as any area requiring special authorization, credentials, ticket, or
permission pass to enter or any area to which admission by the general public is restricted or prohibited), EACH OF THE UNDERSIGNED, for himself/herself, his/her personal representatives, heirs, and/or next of kin:
1. Acknowledges, agrees, and represents that he/she has or will immediately upon entering any of such AREAS, and will continuously thereafter, inspect the AREAS which he/she enters, and he/her further agrees and warrants that, if at any
time, he/her is in or about AREAS and he/she feels anything to be unsafe, he/she will immediately advise a Lead Foot City representative of such and if necessary will leave the AREAS and/or refuse to participate further in the EVENT(S).
2. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the promoters, participants, event management, racing associations, sanctioning organizations or any subdivision thereof, track operators, facility owners, officials, competition vehicle owners and distributors, drivers, pit crews, rescue personnel, any persons in any AREA, promoters, sponsors, advertisers, owners and lessees of premises used to conduct the EVENT(S), premises and event inspectors, surveyors, underwriters, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises or EVENT(S) and each of them, their directors, officers, agents and employees, all for the purposes herein referred to as “Releasees,” FROM ALL LIABILITY TO THE UNDERSIGNED, his/her personal representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO THE
PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
3. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur arising out of or related to the UNDERSIGNED’S INJURY OR
DEATH, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
4. HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the EVENT(S) whether caused by the NEGLIGENCE OF RELEASEES or
otherwise.
5. HEREBY acknowledges that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED, also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PRECEDURES OF THE RELEASEES.
6. HEREBY agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as is permitted by the laws of the State or Province in which the Event(s) is/are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and
effect. USE OF LIKENESS
By checking the box/signing this agreement, and entering the Facility, I hereby grant Lead Foot City, and/or the client contracting use of Facility permission to record my voice and likeness, and photograph me in conjunction with the event or Facility. I
understand and agree that the term “photograph” as used herein encompasses both still photographs and video recordings. I further grant Lead Foot City, and holder of the Activity full unrestricted domestic and international rights to the use of my photograph, voice, and likeness in any form, including edited versions, in or over and medium including without limitation streaming audio/of video over the internet, broadcast, cable, satellite transmissions, and media that are unknown at this time, worldwide for any purpose including without limitation and commercial purpose.
DATA COLLECTION
I AGREE AND UNDERSTAND that my personal data and identifying information will be collected by Lead Foot City and may be shared with third parties for marketing, analytics, and/or to provide additional offers or information that Lead Foot City, its affiliates or its partners, including Lead Foot City, accessible at www.leadfootcity.com, and any other respective website relating to Lead Foot City or on the Facility, and in accordance with any applicable laws and regulations concerning the protection of personal data, including but not limited to the General Data Protection Regulation (GDPR).
GENERAL LEAD FOOT CITY FACILITY RULES & REGULATIONS

GUEST/MEMBER CODE OF CONDUCT
Lead Foot City (“LFC”) is a family-oriented facility and we actively promote a culture of good corporate citizenship. Therefore, the below General Rules and Regulations are designed with the spirit of maximizing enjoyment of the facility for all stakeholders. Remember the golden rule, treat other’s like you would like to be treated. We are a community and should look out for each other.
PROHIBITED ACTIVITIES
Lead Foot City staff supports an environment where guests can enjoy the event experience free from unacceptable behavior, including but not limited to the following:
• Foul/abusive language or obscene gestures
• Fighting, taunting, or making threatening remarks or gestures
• Excessive alcohol consumption or public intoxication
• Reckless uncontrolled operation of vehicles, including, but not limited to: wheel stands, wheelies, showboating, donuts, burnouts, etc. outside of authorized performance areas
• No un-authorized motorized vehicles on motorized performance areas before or after event hours.
• Attempting to enter and/or remain after the scheduled guest access times
• Any disruption of the event, including throwing of objects or trespassing in restricted areas
• Smoking and/or vaping in or around the active event areas
• Displays of affection not appropriate in a public, family setting
• Obscene or indecent clothing and/or nudity
• Sitting in, or accessing, a location other than you’re authorized pass permits
• Unauthorized Solicitation for donations
• Unauthorized selling, buying or sharing of event tickets/passes
• Unapproved selling of merchandise or services
• Unapproved distribution of any item
• Gambling
• Lead Foot City has a zero-tolerance policy for illegal activities. All suspected illegal activity is immediately reported to the uniformed on-site police officers.
Safety requires the use of courtesy, kindness and common sense. All users are encouraged to stress this behavior among other participants. LFC reserves the right to fine and/or expel individuals who are abusive of the Facility. Abuses include:
fuel/oil/chemical spills, crushing pavement, fires, excessive trash, noise violations, failure to exit the facility in a timely manner at the conclusion of an event, vandalism and/or abusive behavior towards LFC personnel and/or other facility users.
Guests not adhering to the above code, or behaving inappropriately will be asked to leave the facility. Please remember to be courteous and considerate while at Lead Foot City. If anyone is interfering with your enjoyment of the event, please contact the nearest Lead Foot City representative for assistance.
LEAD FOOT CITY POLICIES
The following items are allowed at the facility:
• Lawn chairs and stadium-type seats with legs
• Seat Cushions
The following items are NOT allowed brought onto the facility:
• Alcohol or non-alcohol beverages not sold by facility
• Bottles/glass containers
• Cans
• Fireworks/Sky Lanterns
• Inline skates/skateboards
• Drones
• Lawn chairs and stadium-type seats with legs within bleacher areas (all chairs must sit flat against your seat (No
legs)
• Umbrellas in seating areas
• Wagons, carts, dollies
• Weapons, including, but not limited to, guns, knives, stun guns and pepper spray
All items and persons are subject to search and seizure. You can choose to take prohibited items back to your car or surrender them to security. Once an item is surrendered it cannot be reclaimed.
GENERAL POLICIES
• Parents are responsible for their children and cannot leave them unattended.
• Members are responsible for their guests and other family members.
• LFC reserves the right to inspect any container, backpack, briefcase, etc. upon entering or leaving the facility.
DRESS CODE
• Shirt and shoes required. If participating in motorsport activities, all required clothing and gear mandated during Tech Inspection are required, such as long pants, close toed shoes, etc.
FACILITY SPEED LIMIT
5 MPH for ALL vehicles—including bicycles, golf carts and/or other non-motorized vehicles—in the display area, staging,
impound access roads, and all non-performance course areas.
PETS & SERVICE ANIMALS
NO animals or pets allowed, with the exception of Working Service/Animals, with specific service training will be permitted
inside the facility until such waiver is signed. All service animals must be on a harness or 6-ft leash and must be under control at all times. No animals permitted in the Staging, pre-grid or motorized performance zones during events.
NO SMOKING
For the health and comfort of all guests, smoking is prohibited in all performance, viewing and seating areas, all buildings, concession lines, eating areas and restrooms. Guests may smoke only on designated areas. Electronic cigarettes, vapor cigarettes and cigars are subject to the same restrictions. Guests who fail to comply with this policy will be asked to leave the facility.
VEHICLES INSIDE LEAD FOOT CITY
No vehicles may be driven on any portion of the facility not defined as entrance road, paddock, improved parking show areas or part of the motorsport’s performance areas. At no time shall unsupervised vehicles be driven on LFC land that is under active public access. In particular, show cars, motorsport participants, trucks, or motorcycles may not be driven on active pedestrian thru fairs at any-time. Violations are subject to eviction. In the event of wet or muddy conditions, all User vehicles must stay on paved areas. Damage to the paddock, run-off area, etc. caused by wheel tracks and excess mud brought onto the pavement will result in cleanup and grading expenses being passed on to the violator.
VEHICLES ON DISPLAY (CAR SHOWS)
For public and attendee safety all vehicles, on display, are required to remain in designated area until the completion of scheduled showing times.
BY CHECKING THE BOX/SIGNING HERE I INDICATE THE FOLLOWING: (i) THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND FULLY UNDERSTAND ALL OF ITS TERMS; (ii) I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY
CHECKING THE BOX/SIGNING THIS AGREEMENT; (iii) THAT I HAVE SIGNED THIS AGREEMENT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCES OF ANY NATURE BY ANYONE; (iv) THAT I AM OF CLEAR AND SOUND MIND, AND
NOT UNDER THE EFFECT OF ANY MIND-ALTERING DRUG OR SUBSTANCE; (v) THAT I HAVE NO PHYSICAL IMPEDIMENT TO PARTICIPANT, (vii) THAT I INTEND THIS AGREEMENT TO BE, AS TOWARDS THE RELEASEES, A COMPLETE AND UNCONDITIONAL RELEASE OF ANY AND ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW; AND (viii) I AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOT WITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. I HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

MEMBERSHIP AGREEMENT
This Agreement, when signed by the Applicant (“Member”) and accepted by LEAD FOOT CITY, INC., a Florida profit corporation, (“LFC”), together with Membership Application which is incorporated into and is integral to this Agreement, and the Rules and Regulations (as defined in Section 8.1) as may be in effect from time to time, as specified below, shall constitute the full Agreement between LFC and Member with
respect to Member’s use of the dragstrip and related facilities of LFC. This Agreement contains release and indemnification provisions and limitations on LFC liability. You are urged to read it carefully, as you may be waiving certain rights. LFC is a privately owned motor sports park available for the use of Member pursuant to this Agreement. LFC also will be available to members and non-members for special events scheduled by LFC. Memberships afford Member a license to make recreational use of LFC facilities on a priority basis to the extent stated herein. Payment of the Initiation Fee and dues does not grant Member any ownership rights in LFC or its facilities, or any rights of use or access not specifically set out in this Agreement. Membership does not give a member the right to use LFC facilities at all times. The use of LFC facilities will be restricted at certain times during the year, for example, during special events. LFC, in its sole discretion, reserves the right to refuse use of LFC facilities to any person. Membership should not be viewed or acquired as an investment, and persons purchasing a membership should not expect to derive any economic benefit from their purchase. Memberships are not transferable. A Member shall in no way be liable for any obligation of LFC or any other Member. The purpose of this Agreement, which is legally binding on LFC and Member, is to set out the terms and conditions upon which Member will be entitled to use the facilities of LFC, and certain rights and obligations of the parties with respect thereto.
1. Membership Agreements
1.1 Membership Classes and Benefits. There are several membership classes. LFC may, at its sole discretion, change the names, types, number, and rights and privileges of the membership types at any time. Upon payment in full of the applicable initiation fee and the monthly/annual dues fixed from time to time by LFC, Member shall be entitled to the benefits and privileges pertaining to Member’s membership class. If offered, Member shall have the right, at his, her or its option, to convert Member’s membership class to any type or class offered for which Member qualifies, and the initiation fee previously paid shall be applied to any initiation fee charged for such membership.
Unless otherwise specified in this Agreement, under no circumstance will Member be entitled to a refund of his, her or its initiation fee. Members will enjoy the ability to schedule track privileges.
1.2 Initiation Fee and Dues. The initiation fee, current monthly dues and other fees applicable to the various membership classes are set forth in Attachment A. The amount of the initiation fee of new members and the amounts of the monthly/annual dues and other charges applicable to the various membership classes, and the manner of their payment, is subject to change in the sole discretion of LFC. Any revisions to the membership terms made by LFC shall be automatically incorporated into and made a part of this Agreement. The timely payment of dues and other charges incurred by Member or Member’s
guests is a condition to the use of the facilities by Member and its Family Members and guests.
1.3 Track sessions. Peak sessions are from Friday through Sunday, and off-peak sessions are from
Monday through Thursday. Sessions will be defined by class of vehicle and number of participants. Classes of vehicles, for example are motorcycles, race cars, street cars, trucks, ATVs, etc. All track sessions are defined by LFC at the time of the session.
1.4 Reservation Requirement. LFC may require advance reservations at any time at its sole discretion to assure safe and effective operation of the track and facilities.
1.5 Limitations on Access. Member understands and acknowledges that the rights granted in this Agreement do not limit the right of LFC to offer use of the facility for any other purpose. Access to and use of all facilities of LFC by members and non-members is subject to regulation by LFC. Access by Member
to the track on other weekends other than those specified in Section 1.1 and during the week may be limited, depending on events scheduled by LFC.
1.6 No Transfer of Membership. A membership is personal to Member only, and Member may not transfer his or her membership at any time. LFC shall have the right to suspend the rights and privileges of any Member who advertises the sale of his or her membership or attempts to transfer his or her membership in violation of this provision.
1.7 Family Members. Family Members (defined as spouse and children sharing the Member’s household)
can be added by upgrading to a Family Membership type and any other fees of Member’s type of membership at the time Member wishes to add the family member to his or her membership. In
the event Member’s type of membership is no longer available, LFC will determine the equivalent
membership type from the then available options at its sole discretion. Such Family Members shall enjoy
the privileges of membership contained in this Agreement so long as they meet the requirements
contained in this Agreement and the Member consents to their continuing to enjoy such privileges.
1.8 Personal Property. Each Member, Family Member and guest is responsible for his or her personal property. LFC and all other entities as their interests may appear that own or operate the LFC facilities are not responsible for lost property or property stolen from anywhere at LFC facilities, and specifically disclaims any such responsibility. Personal property left at LFC facilities and not claimed within 30 days shall be considered abandoned and may be disposed of by LFC without notice. No bailment is intended, nor created, by the foregoing sentence.
2. Liability for Use of Property
Member is responsible to LFC for damages to the facilities caused by Member and his, her or its Family Members and guests, whether resulting from negligence or other cause. If member damages the facilities (including but not limited to tire barriers, concrete barriers, walls, landscaping, markers, etc), damages
other vehicles and/or property, or causes personal injury while within the facilities including the dragstrip, Member shall be liable for any and all claims, damages and costs arising therefrom, whether compensatory, consequential, punitive or incidental, including attorneys’ fees. In any such incident to the facilities, LFC shall make the needed repairs and invoice Member for the cost of such repairs, with Member required to remit payment to LFC immediately upon receiving such invoice.
3. Conditions to Use of the LFC Motorsport areas
3.1 Medical. Member’s physical and mental condition must be such as to allow him or her to use the motorsport areas without creating undue or unusual risk to Member or other persons using or being a spectator in, on, or around LFC. Member represents and warrants that his or her physical and mental condition and that of any guest spectators or drivers of Member is fit to use LFC facilities for their intended purpose. LFC may refuse to permit Member and/or Member’s guests from access to or use of LFC facilities if LFC, in its sole discretion, determines that Member or Member’s guest may not be fit mentally or physically to use the facilities. LFC makes no professional medical judgments nor does LFC have the appropriate professional expertise to make such a judgment. LFC will make any such decision based solely on the non-medical judgment of its personnel.
3.2 Age. No person under the age of 18 shall be permitted to use the motorsport areas without special authorization from LFC and a duly executed and notarized parental waiver and release.
3.3 Other Restrictions. In the interests of the safety of members and others, LFC may from time to time establish regulations limiting or restricting the rights of members and other persons to use the motorsport areas.
3.4 Waivers and Releases. All Members, Family Members and their guests will be required to sign an insurance and liability waiver and release and an agreement to indemnify LFC and other releasees in substantially the form attached to this Agreement as Attachment B, as the same may be amended from time to time.
3.5 Driver Qualifications. All drivers must have a valid governmentally issued driver’s license and be qualified to operate a vehicle. LFC will have the right to verify each driver’s qualifications and to reject any driver who does not have acceptable qualifications. Member specifically warrants that he or she will make
all guests aware of this information before they are permitted entry to LFC.
4. Advertising and Promotion Release
LFC, its duly authorized agents and assigns, may use Member’s name and likeness and photographic, videotape and other images of Member, his, her or its Family Members and guests or their motor vehicles in any way and for any lawful purpose, and Member hereby relinquishes all rights thereto.
5. INDEMNITY, WARRANTIES, REMEDIES, LIMITATION OF LIABILITY
5.1 ACKNOWLEDGMENT. MEMBER ACKNOWLEDGES AND AGREES THAT:
5.1.1 USE OF THE FACILITIES IS FOR THE SOLE BENEFIT OF MEMBER;
5.1.2 USE OF THE FACILITIES IS HAZARDOUS AND INVOLVES EXTRAORDINARY RISK OF SERIOUS PERSONAL INJURY OR DEATH, AS WELL AS THE RISK OF DAMAGE TO PROPERTY;
5.1.3 MEMBER FREELY AND WILLINGLY ACCEPTS AND VOLUNTARILY ASSUMES ALL RISKS OF PROPERTY DAMAGE, PERSONAL INJURY OR DEATH IN CONNECTION WITH MEMBER’S PRESENCE AT LFC AND THE USE OF LFC FACILITIES, AND THE PRESENCE AT LFC AND USE OF LFC FACILITIES BY HIS OR HER FAMILY MEMBERS OR OTHER INVITEES;
5.1.4 LFC HAS BASED THE CHARGES FOR MEMBERSHIP IN LFC AND THE USE OF ITS FACILITIES ON THE PREMISE THAT NONE OF MEMBER, MEMBER’S FAMILY MEMBERS, MEMBER’S INVITEES, NOR ANYONE ASSERTING RIGHTS ON HIS, HER OR THEIR BEHALF, WILL BRING ANY CLAIM AGAINST LFC OR OTHER RELEASEES (AS DEFINED BELOW), OR
CHALLENGE THE RIGHT OF SUCH PERSONS TO BE INDEMNIFIED AS PROVIDED IN THIS SECTION 5; AND
5.1.5 THE NATURE OF THE SERVICES TO BE PROVIDED UNDER THE TERMS OF THIS AGREEMENT MAKE IT APPROPRIATE, EQUITABLE AND ESSENTIAL TO PROVIDE FOR THE ALLOCATION OF THE RISKS AND LIABILITIES, THE LIMITATION OF REMEDIES, AND THE INDEMNIFICATION OF LFC AND THE OTHER RELEASEES, ALL AS SET FORTH IN THIS SECTION 5.
5.2 OBSERVATION OF CONDITIONS. IN CONSIDERATION OF BEING PERMITTED TO ENTER ANY RESTRICTED AREA (HEREIN DEFINED AS INCLUDING BUT NOT LIMITED TO THE RACING SURFACE, PIT AREAS, INFIELD, VEHICLE DYNAMICS AREAS, AND ALL WALKWAYS AND OTHER
AREAS APPURTENANT THERETO), OR BEING PERMITTED TO MAKE USE OF LFC FACILITIES, MEMBER, FOR MEMBER, MEMBER’S INVITEES AND MEMBER’S PERSONAL REPRESENTATIVES, HEIRS AND NEXT OF KIN, ACKNOWLEDGES, AGREES AND REPRESENTS THAT MEMBER WILL, IMMEDIATELY UPON ENTERING ANY RESTRICTED AREA, AND CONTINUOUSLY THEREAFTER, INSPECT SUCH RESTRICTED AREA OR AREAS, AND MEMBER’S CONTINUING USE OF THE FACILITIES CONSTITUTES AN ACKNOWLEDGEMENT THAT MEMBER HAS INSPECTED SUCH RESTRICTED AREA OR AREAS AND ACCEPTS THE SAME AS BEING SAFE AND REASONABLY SUITED FOR THE PURPOSE OF MEMBER’S USE, AND MEMBER FURTHER AGREES THAT IF AT ANY TIME MEMBER BELIEVES THE RESTRICTED AREAS OR ANY OTHER PART OF THE FACILITIES TO BE UNSAFE, MEMBER WILL IMMEDIATELY LEAVE THE FACILITY AND ADVISE AN APPROPRIATE REPRESENTATIVE OF MEMBER’S OBSERVATIONS.
5.3 COVENANT NOT TO SUE. MEMBER HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE LFC, ITS DIRECT OR INDIRECT INTEREST HOLDERS, MANAGERS, AFFILIATES, OTHER MEMBERS, CAR OWNERS, DRIVERS, PIT CREWS, TRACK WORKERS, ANY
PERSONS IN ANY RESTRICTED AREA, PROMOTERS, SPONSORS, ADVERTISERS, AND EACH OF THEM, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES (HEREIN REFERRED TO AS “RELEASEES”) FROM ALL LIABILITY TO MEMBER, MEMBER’S PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS AND NEXT OF KIN FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO MEMBER’S PERSON OR PROPERTY OR RESULTING IN THE DEATH OF MEMBER, WHETHER CAUSED BY THE ACTS OR OMISSIONS OF ANY OF THE RELEASEES, STRICT LIABILITY OF ANY OF THE RELEASEES, OR NEGLIGENCE OF ANY OF THE RELEASEES,
INCLUDING BUT NOT LIMITED TO THE SOLE NEGLIGENCE OF ANY OF THE RELEASEES, CONCURRENT NEGLIGENCE OF ANY OF THE RELEASES OR THE NEGLIGENT RESCUE BY ANY OF THE RELEASEES, OR OTHERWISE.
5.4 INDEMNIFICATION. MEMBER HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE RELEASEES AND EACH OF THEM FROM ANY LOSS, LIABILITY, DAMAGE, OR COST THEY MAY INCUR ARISING FROM MEMBER’S OR ANY OF MEMBER’S INVITEES USE OF LFC OR ANY OF THE FACILITIES OF LFC, REGARDLESS WHETHER CAUSED BY THE ACTS OR OMISSIONS OF ANY OF THE RELEASEES, STRICT LIABILITY OF ANY OF THE RELEASEES, OR NEGLIGENCE OF ANY OF THE RELEASEES, INCLUDING BUT NOT LIMITED TO THE SOLE NEGLIGENCE OF ANY OF THE RELEASEES, CONCURRENT NEGLIGENCE OF ANY OF THE RELEASES OR THE NEGLIGENT RESCUE BY ANY OF THE RELEASEES, OR OTHERWISE.
5.5 NO WARRANTY. THE FACILITIES AND ALL ASPECTS OF MEMBERSHIP IN LFC ARE MADE AVAILABLE TO YOU "AS IS", AND LFC MAKES NO WARRANTY AS TO THEIR USE OR PERFORMANCE. EXCEPT TO THE EXTENT ANY WARRANTY, REPRESENTATION, TERM OR CONDITION CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW, LFC MAKES NO WARRANTY OR REPRESENTATION (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
5.6 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LFC OR THE OTHER RELEASEES BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER UNDER ANY LEGAL THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT, THE USE OF OR INABILITY TO USE THE FACILITIES OR UNDER ANY CAUSE OF ACTION RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY, PRODUCTS LIABILITY, INDEMNITY, CONTRIBUTION, OR ANY OTHER CAUSE OF ACTION FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING LOSS OF PROFITS, USE, OPPORTUNITY, OR LOST SAVINGS, EVEN IF A LFC REPRESENTATIVE OR ANY OTHER RELEASEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY
APPLICABLE LAW. LFC'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE FACILITIES OR UNDER ANY CAUSE OF ACTION RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY, PRODUCTS LIABILITY, INDEMNITY, CONTRIBUTION OR ANY OTHER CAUSE OF ACTION SHALL BE LIMITED TO THE SUM OF $1,000. LFC IS ACTING ON BEHALF OF ALL RELEASEES FOR THE PURPOSE OF DISCLAIMING, EXCLUDING AND LIMITING OBLIGATIONS, WARRANTIES AND LIABILITY AS PROVIDED IN THIS AGREEMENT, BUT IN NO OTHER RESPECTS AND FOR NO OTHER PURPOSE.
6. Payment of Dues and Other Charges
6.1 Payment. Initiation fees are due on execution of this Agreement. All dues, and all sums charged to Member's account on or before the last day of each month shall be due and payable to LFC on or before the 10th day of the next following month, or on such later date as LFC may choose to specify. In the event any dues or other sums charged to Member’s account remain unpaid on the 10th day of the next following month, Member’s account is automatically delinquent without requirement for LFC to declare such account delinquent. A late fee in an amount to be fixed from time to time shall be payable to LFC for each month by which a Member’s account is delinquent, not to exceed the maximum lawful rate.
6.2 Delinquency. LFC may suspend the rights and privileges of any Member whose account is more than 2 days delinquent without notice. Until such time as a Member's membership has been terminated, a Member who is suspended for non-payment of indebtedness shall have the right to have his membership reinstated upon payment in full of all indebtedness owing to LFC. Dues and other fees and sums due under the Member’s membership shall continue to accrue and shall be paid in full before the membership is reinstated.
6.3 Returned Checks or Charged Back credit card transactions. LFC will deem any Member delinquent whose form of payment if returned, suspended, or reversed for any reason. Should Member’s bank return any check tendered for any reason or should Member’s credit card issuer reverse, charge back or
otherwise attempt to recoup funds paid on the Member’s card or refuse to pay over such funds within 3 business days of the credit card transaction, Member shall be deemed immediately delinquent without regard to the payment due date of the sums due.
7. Suspension and Termination of Membership
7.1 If Member (or any Family Members or guests of Member) shall:
7.1.1 Willfully refuse or neglect to comply with the provisions of the Rules and Regulations of LFC;
7.1.2 Shall engage in any reckless or other conduct that endangers the safety of himself or herself, or any other person, or engages in other conduct that, in the sole judgment of LFC, is prejudicial to the interests of LFC; or
7.1.3 Fail to reinstate his membership within 10 days of suspension for non-payment of indebtedness to LFC, LFC shall have the right, in its sole and absolute discretion, to suspend or terminate the rights and privileges of membership of Member.
7.2 Resignation. Member may resign his, her or its membership in LFC at any time by giving notice in writing to the Secretary of the company or by delivering such written notice to the company by certified mail at the LFC offices at LFC but shall continue to be liable for any indebtedness owing to LFC at the date of Member’s resignation and for any unpaid amounts from the purchase of the membership.
7.3 Effect of Termination or Resignation. Member’s resignation, or the termination or suspension of his, her or its rights or membership, will not relieve Member from any liability to LFC or terminate Member’s obligations under Section 5. If Member is terminated pursuant to this Section 7, Member’s initiation fee and Member dues shall be forfeited.
7.4 Membership Cards. All certificates, membership cards, and similar evidence of membership are the property of LFC and shall be surrendered to LFC upon demand.
8. Reservation of Rights
8.1 Rules and Regulations. LFC shall have the unqualified right to make such rules and regulations for the use of all or any part of LFC facilities as it deems appropriate or advisable in its sole discretion (as amended from time to time, the “Rules and Regulations”). All such rules and regulations shall become effective immediately upon posting a copy thereof in a conspicuous place on LFC premises or transmitting such rules and regulations to Member by electronic means or otherwise and shall apply thereafter to all members, their Family Members and their guests.
8.2 Interpretation. The decision of LFC shall be final on all questions involving the interpretation or
construction of the Rules & Regulations of LFC.
8.3 Members Bound By Rules and Regulations; Changes. Member agrees that Member is bound by the terms this Agreement and the Rules & Regulations of LFC and agrees to be bound by any and all changes, repeals, amendments or additions to such Rules & Regulations.
8.4 Right to Amend Layout of the Property. LFC shall have the unqualified right to make such changes in the design, layout and composition of LFC and its facilities as it deems appropriate.
8.5 Termination of All Memberships.
8.5.1 LFC shall have the right, in its sole and absolute discretion, to terminate all memberships in LFC.
8.5.2 LFC shall also have the right, in its sole and absolute discretion, to terminate all memberships in LFC upon the occurrence of an event rendering the facilities unusable or beyond repair.
8.5.3 Upon any termination pursuant to this Section 8.5, LFC shall not refund any portion of the initiation fee and/or monthly/annual fees.
9. Miscellaneous
9.1 Notices. Whenever notice is required to be given to Member, it may be given by first-class mail, email, fax or other written communication, addressed to Member at the address of Member appearing on the books of LFC or at the address given by Member to LFC for the purpose of notice. If no current address
appears on LFC’s books and no other has been given, notice shall be deemed to have been given if it is given to that Member in person or by telephone or fax, or posted in the principal office of LFC. All notices to be given to LFC shall be given by reputable overnight courier at the address specified on the first page
of this Agreement.
9.2 Survival. The provisions of Sections 2, 4 and 5 shall survive the termination of this Agreement.
9.3 Force Majeure. If during the term of this Agreement there should arise or occur any event or circumstance beyond the reasonable control of LFC, including without limiting the generality of the foregoing, the action of government, flood, fire, strike, lock-out or other labor unrest, riot, civil unrest, terrorism, war (whether declared or undeclared), or an act of God, which prevents, restricts or delays LFC from duly performing any of its obligations under this Agreement, then during the period that such event or circumstance, or the effect thereof, continues, performance by LFC of such obligation will be suspended and excused to the extent that it is so prevented, restricted or delayed.
9.4 Assignment. A Member may not assign this Agreement or any of his, her or its rights hereunder. LFC may assign its rights under this agreement at any time. This Agreement shall be binding upon and inure to the benefit of Member’s permitted heirs, executors, legal representatives and assigns and the successors and assigns of the Company.
9.5 No Waiver of Performance. The failure of either party to insist, in any one or more instances, on the performance of any of the terms, covenants or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition or right with respect to further performance.
9.6 Severability. The partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision.
9.7 Entire Agreement. This Agreement represents the entire agreement of the parties and may be amended only by a writing signed by each of them.
9.8 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The venue of any dispute shall be exclusively in the Circuit Court of Hernando County, Florida.
9.9 Headings. The headings in this Agreement are for purposes of reference only and shall not in any way limit or affect the meaning or interpretation of any of the terms of this Agreement.
9.10 No Third-Party Beneficiary. The provisions of this Agreement are and will be for the benefit of Member, LFC and the Releasees only and are not for the benefit of any other third party, and accordingly, other than a Releasee with respect to Section 5, no third party shall have the right to enforce the provisions of this Agreement.
10. Membership Cards
• You will be required to show your digital/physical membership card when entering Lead Foot City and when checking out at a payment register, for example purchasing tickets at the front gates. QR/Bar codes created by any loyalty card application for use on a mobile device cannot be used in LFC in lieu of an actual membership card.
• Your digital/physical membership card must have your member number, name, membership expiration, membership type and photo to be valid. If your photo is not on your card, stop by the membership services area to have your photo taken and added to your card.
• If your card is ever lost or stolen, your picture prevents unauthorized use.
• Report lost or stolen cards to any Member services team member immediately, or call 1-844-532-3366.
• Memberships may be terminated at LFC’s discretion. Cards remain the property of LFC and must be returned upon request.
• Cards are not transferable
11. General Membership Terms
• Membership is available to all qualifying individuals 18 years of age and over.
• LFC reserves the right to refuse membership to any applicant and membership is revocable without cause.
• Membership is subject to any and all rules adopted by LFC including our privacy policies and practices, and they may be amended from time to time without notice.
12. Membership Subscription Terms
12.1 Membership Tier and Other Offerings. When purchasing your subscription(s) to the Membership(s), you may be presented with different plans or options (each a “Membership Tier”). Different Tiers or other offerings may be subject to differences in pricing, eligibility, restrictions, features, and availability.
12.2 Subscription Billing and Auto-Renewal. Your subscription(s) to a Membership includes enrollment into an ongoing/recurring payment plan. Your subscription(s) will automatically renew at the end of the disclosed billing period, unless cancelled in accordance with the instructions for cancellation below. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled. Your “billing period” is the interval of time between each recurring billing date and corresponds to the term of your subscription. Charges for one or more Memberships may not be prorated for any partial month of service when you switch into a higher priced Membership Tier. To see your next recurring billing date, contact Member Services. You acknowledge that the timing of when you are billed may vary, including (i) if your subscription began on a day not contained in a given month (e.g. if you have a monthly subscription and became a paying subscriber on January 31, your payment method would be billed next on February 28), or (ii) due to free trials and other promotional offers, gift card redemptions, credits applied, or changes in your subscription or payment method. We reserve the right to change our pricing. In the event of a price change, we will attempt to notify you in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that email and below. If you do not timely cancel your membership subscription, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes. You are responsible for all third-party Internet access charges and taxes in connection with your use of the Membership.
12.3 Free Trials and Promotions. Your Membership subscription(s) may begin with a free trial. Availability of a free trial is not guaranteed and, if one is available, is only available on the specified terms of the free trial, likely only to those who have not previously used one for the relevant Memberships or service(s). Your first payment will be charged to your chosen payment method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation below. You can cancel your subscription at any time before the end of your free trial. We provide notice of the terms of the free trial at the time you register and you will not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun, unless required by law in particular jurisdictions or instances. We may also offer, in our sole discretion, promotions (e.g., a promotional price, bundled membership subscription, device-specific offer or gift card) subject to promotional terms disclosed during your sign-up or in other materials provided to you. We will begin billing the same payment method we otherwise have on-file for your subscription at the then-current, non-promotional price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed.
12.4 CANCELLATION AND REFUND POLICY. YOU CAN CANCEL YOUR MEMBERSHIP SUBSCRIPTION AT ANY TIME BEFORE THE END OF THE CURRENT BILLING PERIOD, FREE TRIAL OR PROMOTION. CANCELLATION WILL TAKE EFFECT AT THE END OF THE CURRENT BILLING PERIOD, FREE TRIAL OR PROMOTION UNLESS OTHERWISE DISCLOSED. WE DO NOT REFUND OR CREDIT FOR PARTIALLY USED BILLING PERIODS, ALTHOUGH WE MAY PROVIDE SUCH REFUNDS OR CREDITS ON A CASE-BY-CASE BASIS IN OUR SOLE AND ABSOLUTE DISCRETION. IF YOU CANCEL, IF YOUR MEMBERSHIP SUBSCRIPTION IS CANCELED DUE TO FAILED ATTEMPTS TO CHARGE YOUR PAYMENT METHOD YOU WILL FORFEIT ANY BILLING CREDITS. TO CANCEL YOUR SUBSCRIPTION, NAVIGATE TO WWW.LEADFOOTCITY.COM AND CLICK ON THE MEMBER SERVICES LINK.
12.5 Payment Details. Our payment processor will securely keep your detailed payment information, such as credit card number and expiry date, on file. Where your details change or are due to expire, we may obtain or receive from your payment provider updated payment details including your card number, expiry date and CVV (or equivalent). This enables us to continue to provide you access to the Services. You authorize us to continue to charge your card using the updated information. In the event of a failed attempt to charge to your payment method (e.g. if your payment method has expired), we reserve the right to retry billing your payment method. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your membership subscription. You also agree that we may charge your payment method on file if you decide to restart your LFC Membership subscription.
12.6 You hereby agree to allow for communications regarding Membership and related products/services provided by LFC via email, SMS, mobile app.
12.7 LFC appreciates your interest in becoming a member of our private club. The terms & conditions, liability waiver, code of conduct and member policies serve an important role helping to ensure that we can deliver the most positive experience possible while protecting the facility and everyone within it. Safety, respect, community and good vibes are all part of being a member of LFC.