GPAA GOLD LIFE MEMBERSHIP
MEMEBERSHIP AGREETMENT BETWEEN PRIMARY MEMBER AND THE GOLD PROSPECTORS ASSOCIATION OF AMERICA
The Gold Prospectors Association of America (GPAA) with offices located at 43445 Business Park Drive, Suite 113, Temecula, California 92590 hereby enters into this agreement (Agreement) with the primary membership candidate (Primary Member or Member) for the purchase of lifetime membership into the GPAA.
Whereas, PRIMARY MEMBER wishes to become an individual GPAA Gold Life Member under the terms and conditions contained herein;
Now, therefore, in consideration of the foregoing premises and the mutual and several covenants contained herein, the parties agree to make payments and provide services as follows;
I. PRIVILEGES AND LIMITATIONS OF GPAAMEMBERSHIP
Gold Prospectors Association of America Benefits - PRIMARY MEMBER will observe benefits of lifetime membership in the GOLD PROSPECTORS ASSOCIATION OF AMERICA (GPAA BENEFITS). These benefits cannot be transferred, sold, assigned, cancelled, or separated from GPAAmembership and will terminate upon cancellation or termination of your GPAA Lifetime Membership. Any GPAA Benefits or services are subject to change pursuant to the offerings of GPAA BENEFITS as may be amended or revised in the future such as,without limitation, a conversion of a printed newsletter magazine to an online offering.
Limitations of Membership - A GPAA membership does not convey an ownership interest in any land or recreational facilities, nor does it grant or confer any management rights or voting rights over such facilities. A GPAA membership does not entail an ownership of stock, or an ownership interest in any company or corporation or the underlying assets thereof. Likewise, a membership does not make a Member responsible for any indebtedness, taxes, or other liabilities incurred by management. Nor does GPAA warrant or express the amount of gold that may be found on properties/camps or the type of prospecting activities which might be allowed. Member is not guaranteed to find gold at the GPAA Claim/Lease Properties. This membership interest shall expire at the death of the Primary Member or the earlier cancellation by the Primary Member at his election or for non-payment.
Coverage of Membership ? Rights of Membership extend to spouse or Co-habitant partners and any dependent children under 18 years of age living in the same home. Primary Member must be present at all times in order for others to exercise Rights of Membership.
Cancellation Policy - A certified letter stating the reason of cancellation must be sent to GPAA office. All GPAA material must be returned to GPAA office to finalize the cancellation. GPAA BENEFITS are also cancelled upon termination of membership. Payments cannot be transferred to a GPAA membership. All fees have been allocated once payments were made. An Unconditional 10-day Money back guarantee is hereby made a part of this agreement. This guarantee will remain in effect during the first 10 days from the date of contract. The 10-day money back guarantee does not apply upon reactivation of delinquent, inactive, suspended or cancelled membership, nor does it apply to any credits applied against the balance of the purchase price.
Length of Stay and Listed Claims/Leases. Incorporation by Reference ? Club Claims/Lease Mining Guide/Brochure(s) containing descriptions and locations of all claims/leases available for use by Member is listed in our current Mining Guide or Pick-N-Shovel Gazette ?update section. Member agrees to acknowledge that claims/leases may change from time to time including the length of stay. Please refer to Camp Rules & Regulations. This applies to all GPAA Properties, for availability, length of stay, fire permits, utility hook-ups, dumping restrictions, use of bath house, sign in requirements and/or reservations. . Some State/County Ordinances may override or require changes to the currently offered privileges at each of the GPAA Properties.
I have read and understand the above section
II. LOST DUTCHMAN MINING ASSOCIATION MEMBERSHIP AND MANAGEMENT
Assignment of Membership ? GPAA membership benefits cannot be transferred, and obligations of PRIMARY MEMBER cannot be transferred or assigned. Any attempt to transfer or assign this membership shall be void.
Payment Schedule - Members are responsible for ensuring that their monthly membership payments are paid and account is kept current with the GPAA office each month, regardless if a statement is received or not. Payment for each month is due and payable on the first of each month and monthly payments must be made in advance. Any Member may be suspended/cancelled (GPAA/GPAA membership benefits will also be suspended/cancelled) or terminated from GPAA if the Member is more than 60 days past due. All correspondence must include your GPAAmembership number. Please notify the GPAA office of any address/phone change. GPAA/GPAA is not responsible for mail forwarding.
GPAA Membership Regulations - Each GPAA member has read and agrees to be bound by the Privileges/Limitations/Management/Policies, the rules and regulations of GPAA. GPAA reserves the right to make reasonable additions and amendments to its Rules, management, and Regulations/ Policies from time to time as warranted by circumstances and changing conditions. Member may be regularly required to verify that ?I have received, read and understand the Camp rules and agree to abide by them.? All rules of camp sites must be subject to change to comply with requirements, local laws and ordinances. To preserve efficiency and keep costs low for all members, certain fees can be passed on to members for mailing, expenses, production of documents, payment history or related needs may be incurred on individual member?s behalf based on requests.
Membership application Contract - Member has read, acknowledged and had opportunity to ask all questions prior to the completion and signature on this Agreement. This is the full Agreement. No verbal policies and/or promises will be accepted with this contract. No promotional items (i.e. copper pan, collector pins, specialized merchandise, etc.) are included or made part of this Agreement.
CHOICE OF LAW AND JURISDICTION. Both Member and GPAA have agreed to work to resolve any disputes related to this agreement to a mutual benefit prior to filing any claim for damages or remedy. In the event a resolution cannot be reached between GPAA and Member, the parties agree to resolve any dispute in San Diego, California under the laws of the State of California. Member and GPAA assert that the California Superior Court in San Diego County shall have both personal and subject matter jurisdiction for any claim. Member and GPAA waive any disputes or claims for personal and subject matter jurisdiction in any other forum other than California Superior Court in San Diego County. MEMBER AND GPAA BOTH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE TO HAVE ANY DISPUTE DETERMINED BY THE APPOINTED JUDGE FOR DISPUTES OF FACT AND/OR LAW. The parties also agree that the Judge may award attorney?s fees and costs to the prevailing party.
I have read and understand the above section
DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY
There are no warranties that extend beyond the description on the face hereof including, without limitation, implied warranties of merchantability or fitness for a particular purpose or continued access to a particular Listed Claim/Lease. GPAA GOLD LIFE Member purchases the right to use GPAA?s recreational mining facilities and services of GPAA as is, and as available or limited in the future, and agree that GPAA?s liability for damage for breach of any warranty shall not exceed the amount paid to GPAA by a member pursuant to this contract. Each member further agrees to indemnify and hold harmless Gold Prospectors Association of America, LLC. and/or authorized representatives from all claims, liability, loss and expense incurred by reason of injury to any person or property, arising from use by that member, member?s family or member?s guests on GPAAClaim/Leases or in GPAAfacilities. Each member and their family and/or guest(s) also agrees to carry personal accident insurance.
I have read and understand the above section
DISCLAIMER OF CLAIMS/LEASES
While GPAA and associated companies has endeavored to supply its members with the most up to date information, at the time of printing, in the ?GPAA Claims Club MembershipMiningGuide? the mining industry is an ever changing world. The Status of claims, equipment that is allowed to be used, policy of agencies and law may have changed without notification. It is the responsibility of each members and user to adhere to all laws and regulations. By using the ?GPAA Claims Club Membership Mining Guide? you and your guest hold GPAA and associated companies and employees harmless of changes of status of claims and properties and how you are allowed to use them. This includes any state, federal or local permits or licenses which may be required for your intended uses. It is your responsibility and is imperative that you check with the appropriate authorities before you engage in any activities which you are in question about.
I have read and understand the above section. I also have read, understand and agree to the GPAAmembership contract, as set forth herein