Texas Company Agreement Limited Member by puv17844

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									                           VINTAGE AUTOHAUS & IMPORTS, LLC
                      SOCIAL MEMBERSHIP APPLICATION AND AGREEMENT

                                           1. Definitions and Basic Provisions

1.01     Vintage Autohaus:                     Vintage Autohaus & Imports, LLC,
                                               a Texas limited liability company
                                               8201 W. Amarillo Blvd.
                                               Amarillo, Texas 79124 (Potter County)

1.02     Social Member:                        __________________________________________________
                                               [full printed name]

1.03     Social Member's Address:              __________________________________________________
                                               __________________________________________________
                                               Phone(residence): ___________________________________
                                               Phone (cell): _______________________________________
                                               Email: ____________________________________________

1.04     Effective Date:                       __________________________________________________

1.05     Term [check one]:                     Month to Month ____________________________________
                                               Six [6] Months _____________________________________
                                               Twelve [12] Months _________________________________

1.06     Social Membership Fee:                $_________________________________________________

1.07     Additional Fees (locker, etc.):       $_________________________________________________

1.08     Facility.                             Indoor vehicle storage and repair facility located at 8201 W. Amarillo
                                               Blvd., Amarillo, Texas. For purposes of this Agreement, any reference to
                                               “Facility” is to that portion of the Facility designated by Vintage Autohaus
                                               as the Owner Vehicle Storage Area and related areas of ingress and egress.

1.09     Vehicle Owner:                        The owner of a vehicle being stored at Vintage Autohaus under a written
                                               Vehicle Storage Agreement then in effect.

         TO VINTAGE AUTOHAUS: I apply for a social membership and agree to be bound by the terms and conditions
described in this application and agreement, consisting of three (3) pages, including this page. I also agree to be bound by
the “Road Rules” described below.


SOCIAL MEMBER:


______________________________________________                              Date: _______________________________
(signature)

Printed Name: __________________________________




SOCIAL MEMBERSHIP APPLICATION AND AGREEMENT                                                                  PAGE 1 OF 3
                                                   2. Terms of Application & Agreement

           2.01       Purpose of Social Membership. Vintage Autohaus operates a private, limited access vehicle storage and repair facility.
The sole purpose of the Social Membership contemplated by this Agreement is to allow a person who is not an active Vehicle Owner to have
controlled, non-exclusive access to and from certain restricted areas of the Facility for purposes of social interaction with other Social
Members, Vehicle Owners, and customers of Vintage Autohaus. This Agreement does not confer any rights on Social Member beyond what
is described in this Agreement.

          2.02       Membership Access. Social Member is allowed limited, non-exclusive access to the areas of the Facility generally
designated as the lobby, member lounge, and member locker room (“Membership Access Areas”). Social Member is also allowed access
to and from the areas of the Facility designated for service writing and other activities necessary to provide for motor vehicle repairs or parts
purchases sought by Social Member and other customers of the repair and parts operations conducted at the Facility. Social Member is not,
however, allowed access to active repair or parts storage areas of the Facility.

           2.03       Access to Storage and Sales Areas. This Social Membership does not confer any right of access to any of the storage
or sales area of the Facility. Access to those areas shall be subject to the consent of Vintage Autohaus, which may exclude Social Member
from access to those areas, or alternatively, require that Social Member be accompanied by a vehicle owner or employee of Vintage
Autohaus.

          2.04       No Ownership. Vintage Autohaus & Imports, LLC is the sole owner and operator of the Facility and the business
commonly known as Vintage Autohaus & Imports, including all amenities, if any. This Social Membership does not confer on Social Member
any investment, equity, leasehold, or ownership interest in the Facility, Vintage Autohaus, or the accompanying business operations. Social
Member is not vested with any easement, leasehold interest, or exclusive right of access to or from any portion of the Facility, including the
Membership Access Areas.

            2.05       Road Rules. SOCIAL MEMBER’S ACCESS TO AND USE OF THE SPACE AND THE FACILITY IS SUBJECT TO
AND GOVERNED BY THE “ROAD RULES” AS ISSUED BY VINTAGE AUTOHAUS FROM TIME TO TIME. The Road Rules may
include, at the sole discretion of Vintage Autohaus, conditions and rules regarding access to and conduct within the Facility. Vintage Autohaus
will use its best efforts to post its most recent version of the Road Rules at a visible location within the Facility; however, it is the sole
responsibility of Social Member to comply with the most recent version of the Road Rules. The Road Rules, as amended from time to time,
are incorporated into this Agreement. Social Member’s violation of the Road Rules will be an event of default under this Agreement.

            2.06      Access.

            a.        Subject to the Road Rules, Social Member and Social Member’s spouse may have access to and from the Membership
                      Access Areas during normal posted business hours. After-hours access may also be provided by Vintage Autohaus, in
                      which event Vintage Autohaus may issue to Social Member a key card, access code, or other means for accessing the
                      Facility after-hours. Social Member’s use of any such items shall be governed by the Road Rules (this may include a
                      charge for lost or misplaced access keys or control cards), and subject to the sole discretion of Vintage Autohaus.

            b.        Social Membership does not confer any guest privileges to any person other than Social Member’s spouse.

           2.07     Assumption of Risk and Indemnity. Social Member assumes all risk inherent with access to or from any area of the
Facility. Social Member shall indemnify and release and hold Vintage Autohaus harmless from and against any liability or damage of any
nature whatsoever arising out of Social Member’s activities on or within the Facility.

         2.08     No Assignment by Social Member. The rights granted under this Agreement are personal to Social Member and Social
Member’s spouse. Social Member may not assign or transfer Social Member’s rights under this Agreement.

          2.09      Place for Payment and Performance; Governing Law. All of the Parties’ obligations arising under this Agreement are
payable and performable at the address of Vintage Autohaus set forth above, which is located in Potter County, Texas. THIS AGREEMENT
SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, AND VENUE FOR ANY SUIT SHALL BE PROPER IN POTTER
COUNTY, TEXAS.

            2.10      Default. Any one of the following will be considered an event of default by Social Member:

                      (a) Failure to pay Social Membership Fee or any other monetary obligation to Vintage Autohaus (including charges for
                      parts or Vehicle repair) when due; (b) Violation of the Road Rules by Social Member or any guest of Social Member; or
                      (c) Any other violation or breach of this Agreement.

            2.11      Remedies. In the event of a default by Social Member, Vintage Autohaus may exercise any one or more of the following
remedies:

                      (a) Terminate Social Member’s rights under this Agreement and under any other Vintage Autohaus club membership,
                      license, or agreement; (b) Exclude Social Member from access to the Facility; (c) Exercise all other remedies under
                      applicable law.




SOCIAL MEMBERSHIP APPLICATION AND AGREEMENT                                                                                    PAGE 2 OF 3
           2.12       Termination by Vintage Autohaus. VINTAGE AUTOHAUS MAY SUSPEND OR TERMINATE SOCIAL MEMBER’S
MEMBERSHIP AND SOCIAL MEMBER’S ACCESS TO THE FACILITY AT ANY TIME FOR ANY REASON. This provision is in addition to
the default remedies reserved to Vintage Autohaus, and it controls over any other provision in this agreement.

        2.13       Severability. If any part of this Agreement is found by a court to be invalid or unenforceable, the remainder of this
Agreement shall remain in full force and effect.

            2.14     Notice. All notice shall be in writing. Notice to Social Member shall be effective upon hand delivery to Social Member or
by First Class Mail addressed to Social Member’s Address. It shall be Social Member’s sole responsibility to notify Vintage Autohaus, in
writing, of any change in Social Member’s address or contact information. Notice to Vintage Autohaus shall be by hand delivery to Vintage
Autohaus during normal business hours or by Certified Mail, return receipt requested.

           2.15       Entire Agreement. This Agreement, together with the Road Rules and any separate written Vehicle Storage Agreement,
if any, executed by the parties contains the entire agreement of the parties. There are no oral agreements between the parties, and Social
Member is not relying upon any oral representation by any agent or employee of Vintage Autohaus.

Waiver of Jury Trial:

        TO THE FULLEST EXTENT ALLOWED BY LAW, EACH OF THE PARTIES KNOWINGLY, INTENTIONALLY, IRREVOCABLY,
AND VOLUNTARILY (AND WITH ADEQUATE OPPORTUNITY TO SEEK THE ADVICE OF LEGAL COUNSEL) WAIVE, RELINQUISH,
AND FOREVER FOREGO THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED UPON, ARISING OUT OF,
OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE ALLEGED CONDUCT, ACT, OR OMISSION OF VINTAGE AUTOHAUS
OR ANY OF VINTAGE AUTOHAUS’ OFFICERS, DIRECTORS, AGENTS, OR ATTORNEYS, WHETHER BASED IN CONTRACT,
TORT, OR OTHERWISE.




SOCIAL MEMBERSHIP APPLICATION AND AGREEMENT                                                                                  PAGE 3 OF 3

								
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