October 2024 Freedom Boat Club Promotional Offer (the “Offer”) is a promotional offer sponsored by Freedom Boat Club, LLC and its affiliates (the “Company”) that will provide a prospective customer (the “Offer Participant”) with the opportunity to: a) receive a discount off the initial entry fee paid to join Freedom Boat Club (“FBC”); b) pay fifty percent (50%) of the initial entry fee due upon execution of a membership agreement and pay the remaining fifty percent (50%) by April 2025; and pay no monthly membership fees until May 2025, at the following participating FBC locations (each a “Participating Location”), provided Offer Participant meets certain eligibility requirements:
· FBC Chicago
· FBC Chain of Lakes
· FBC Wisconsin
By accepting this Offer, a qualifying Offer Participant may receive: a) a discount of two thousand five hundred dollars ($2,500 USD) off the then-current retail price of the initial entry fee; b) pay fifty percent (50%) of the initial entry fee due upon execution of a membership agreement and pay the remaining fifty percent (50%) by April 2025; and c), pay no monthly membership fees due until May 2025 as set forth below. Each Offer Participant participating in the Offer represents and warrants that the Offer Participant has read, understands, and accepts these Terms and Conditions, as they may be modified from time to time (the “Terms”).
The Offer is subject to all federal, state, and local laws and regulations. Void where prohibited or restricted by law.
1. Sponsors. Freedom Boat Club, LLC and its affiliates 897 E. Venice Ave., Venice, FL 34285
2. Eligibility. To accept this Offer you must be a) a legal US citizen residing in the United States (includes Washington, DC) near a participating FBC location; and b) at least twenty-one (21) years of age or older.
3. Offer Period. The Offer will be available beginning at 12:00 AM September 29, 2024 through 11:59 PM October 26, 2024.
4. How to Redeem Offer. Eligible Offer Participants will have the opportunity to accept this Offer by contacting a local FBC membership executive at a participating FBC club.
The Offer is subject to the following conditions and limitations:
· All Offer Participants that accept the Offer will be required to sign (i) sign a then-current form of the FBC membership agreement; (ii) acknowledge and agree to adhere to the current terms and conditions of FBC membership; and (iii) complete any FBC required vessel operator training.
· The Offer is non-transferable, and the FBC membership will only be available to eligible Participants and a legal spouse/domestic partner, if applicable.
· All Offer Participants that accept the Offer will be required to: a) pay fifty percent (50%) of the initial entry fee less any discounts or other promotions at the time of executing the FBC membership agreement; and b) pay the remaining balance of the entry fee less any discounts or other promotions (“Remaining Balance”) by March 2025 or the due date indicated in the executed FBC membership agreement and/or payment authorization documents, whichever is later (“Due Date”). For the avoidance of doubt, the Remaining Balance will be paid via an automated transaction set up in advance by FBC to process on the Due Date unless Offer Participant makes full payment to FBC in advance of the Due Date.
· Cancellation or termination of the FBC membership agreement prior to the Due Date does not release the Offer Participant of the responsibility to make the payment of the Remaining Balance.
· Offer Participant shall not be responsible to pay recurring monthly membership fees until May 1, 2025.
5. Changes to the Offer. The Company reserves the right to cancel or modify the Offer and these Terms at any time, at its sole discretion, without prior notice, including, without limitation, the right to add, modify, cancel, delete or otherwise change (i) the value of the discount or (ii) the type and availability of the discount offered. Changes to the Offer and these Terms will be posted on the Company’s website.
6. Offer Details. Limit one Offer per Offer Participant during the Offer Period. The Offer is non-transferable and non-assignable. The Offer consists only of the items identified in these Terms. All costs and expenses not specified herein incurred in accepting the Offer, are the sole responsibility of the Offer Participant.
7. Taxes. Payment and report of all income, sales, use, withholding and other taxes imposed as a result of the Offer are solely the Offer Participants’ responsibility.
8. RELEASE OF LIABILITY. BY PARTICIPATING IN THE OFFER, OFFER PARTICIPANT AGREES TO RELEASE AND HOLD HARMLESS THE COMPANY, AND ITS DEALERS AND RETAILERS, AFFILIATES, SALES REPRESENTATIVES, AGENCIES, WHOLESALERS, DISTRIBUTORS, AND PROMOTIONAL AND OTHER VENDOR AGENCIES INVOLVED IN THE OFFER, THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, SERVICE AGENCIES, INDEPENDENT CONTRACTORS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OF ANY OF THE ABOVE ORGANIZATIONS (THE “RELEASED PARTIES”) FROM ANY INJURY, LOSS, OR DAMAGE TO PERSON, INCLUDING DEATH, OR TO PROPERTY DUE IN-WHOLE OR IN-PART, DIRECTLY OR INDIRECTLY, TO THE ACCEPTANCE OR USE/MISUSE OF THE OFFER, PARTICIPATION IN ANY OFFER-RELATED ACTIVITY, OR PARTICIPATION IN THE OFFER.
9. DISPUTES/CHOICE OF LAW. OFFER PARTICIPANT AGREES THAT (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS OFFER SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ANY JUDICIAL PROCEEDING SHALL TAKE PLACE IN A FEDERAL OR STATE COURT IN THE STATE IN WHICH THE PARTICIPATING LOCATION IS LOCATED; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH PARTICIPATING IN THIS OFFER, BUT IN NO EVENT ATTORNEYS’ FEES; AND (3) UNDER NO CIRCUMSTANCES WILL OFFER PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND OFFER PARTICIPANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE TERMS, OR THE RIGHTS AND OBLIGATIONS OF OFFER PARTICIPANT AND THE COMPANY IN CONNECTION WITH THIS OFFER SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE IN WHICH THE PARTICIPATING LOCATION IS LOCATED, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS OF ANY OTHER JURISDICTION THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THOSE OF THE STATE IN WHICH THE PARTICIPATING LOCATION IS LOCATED.
10. Privacy. Except as expressly provided in these Terms, any information collected from the Offer shall be used in accordance with the Company’s Privacy Policy, located at https://www.brunswick.com/privacy-policy. By participating in the Offer, each Offer Participant agrees that the Company may collect and use an Offer Participant’s personal information submitted with the Offer, and acknowledges that the Offer Participant has read and accepted the Company’s Privacy Policy, which provides, without limitation, certain information about how the Company collects, uses and shares personal information, and the rights an Offer Participant may have regarding an Offer Participant’s personal information.
11. Entire Agreement. These Terms constitute the entire understanding between the Company and each Offer Participant with respect to the Offer and supersede any and all prior communications, whether written or oral.
12. Severability. If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions of these Terms shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.
13. Contact Information. If an Offer Participant has questions regarding the Offer, please contact the Company at [email protected].