REGULATION OF THE UNRECOGNIZED ASSOCIATION WITH CULTURAL PURPOSES “PREMA FAN CLUB”
1. Scope of application
1.1. By means of this regulation (“Regulation”), the non-profit unrecognized association with cultural purposes named “Prema Fan Club” (“Fan Club”) intends to better define the associative procedures, as well as to regulate the participation of its associates (“Members”) in the activities and/or events organized by the Fan Club, in order to achieve the purposes pursued by the Fan Club as set out in the articles of association of the Fan Club (“Articles of Association”).
1.2. Everything not specified in this Regulation, is referred to in the provisions included in the Articles of Association.
1.3. Any amendments and/or additions to this Regulation will be promptly communicated by e-mail to the Members, to the e-mail address provided by each Member during the procedure of becoming a member of the Fan Club.
2. Fan Club membership
2.1. All individuals and legal entities interested in pursuing the purposes of the Fan Club and in taking part in the initiatives organized by the Fan Club and reserved to the Members, may join the Fan Club pursuant to and following the terms and conditions and the requirements set forth under the Articles of Association.
2.2. A minor (i.e., an individual who has not yet reached eighteen years of age) may join the Fan Club subject to the prior obtainment of the relevant express authorization provided by a person exercising parental responsibility/guardianship, who must, for this purpose, fill in the membership application form for minors, attached to this Regulation as Annex A (“Parental Authorization”) and upload it in the appropriate section within the Form (as defined below). Failure to upload the Parental Authorization shall prevent the positive outcome of the procedure for the minor’s membership to the Fan Club. If, following due verification, the Fan Club unveils any discrepancies, inconsistencies or missing or false requirements or information included in the Parental Authorization uploaded for the membership of the minor, the Fan Club reserves the right to request any necessary corrections and/or additions, which must be provided, by email, to the address help@premafanclub.com within and no later than 7 (seven) days from the request for correction and/or addition made by the Fan Club. Failure to provide the requested corrections and/or additions within the aforementioned 7 (seven) days’ deadline, shall result in the exclusion of the minor’s membership from the Fan Club.
3. Membership procedure
3.1. Membership of the Fan Club can only be obtained through the website www.premafanclub.com (“Website”), by duly filling out all the fields of the online form accessible by clicking on “Join the PREMA Fan Club” (https://premafanclub.com/become-a-member) (“Form”) and paying to the Fan Club the annual membership fee of Euro 30,00 (thirty/00), as eventually discounted during special promotional campaigns promoted by the Fan Club administrative body, or otherwise quantified year by year by the Fan Club administrative body and communicated to the Members (“Annual Fee”).
3.2. During the Fan Club membership procedure, as well as during any pre-selection procedure for participation in activities and/or events organized by the Fan Club, each Member undertakes to provide only information that is correct, true and corresponding to the truth, being the Member himself solely liable for any error or mistake made during the compilation procedures, whether voluntary or involuntary.
3.3. If, following due verification, the Fan Club unveils that the Member provided any information which is incorrect, untrue or not corresponding to the truth, in violation of the previous Article 3.2, the Fan Club reserves the right to request relevant corrections and/or additions, which shall be provided, by e-mail, to the address help@premafanclub.com within and no later than 7 (seven) days from the request for correction and/or addition made by the Fan Club. Failure to provide the requested corrections and/or additions within the aforementioned 7 (seven) days’ deadline shall result in the Member’s exclusion from the Fan Club.
3.4. Should the Member realize or become aware, independently and without the intervention of the Fan Club, of having provided information which is incorrect, untrue or not corresponding to the truth, in violation of the provisions of Article 3.2, it shall send an e-mail to the address help@premafanclub.com, in order to request the removal of the incorrect or untrue information and its consequent replacement with correct and/or complete information. It is understood that sending the request for correction and/or integration to the e-mail address help@premafanclub.com does not guarantee the prompt correction by the Fan Club, which, unless in cases of willful misconduct or gross negligence, can never be held liable for any damage suffered by the Member (including the possible exclusion of the same from any rights, activities or events of the Fan Club) due to an incorrect or untrue information provided by the latter.
3.5. The Form can be filled out on the Website:
a. as a guest, by directly providing the required information in the Form;
b. through the creation of a personal account, which allows the renewal of the Fan Club membership, year by year, without needing to re-enter the required information in the Form.
3.6. The membership procedure and the consequent attribution of the status of Member are conditioned upon:
a. entering all the required information in the Form and uploading the duly completed Parental Authorization, in case of minor’s membership;
b. acceptance, by selecting the appropriate flags, of the terms of this Regulation and the clauses of the Fan Club’s Articles of Association available at the bottom of the Website and via hyperlinks at the appropriate flag, as well as the “Adult members privacy policy” (or, if the membership procedure concerns a minor, the “Minor members privacy policy”) available via hyperlinks at the appropriate flag;
c. the actual payment of the Annual Fee, to be made through the PayPal Holdings, Inc. platform, following the instructions provided therein.
Upon receipt of the e-mail confirmation of the payment by the PayPal Holdings, Inc. platform, as well as the e-mail confirmation of the membership by the Fan Club, the Fan Club membership procedure shall be deemed completed, with consequent attribution of the Member status.
3.7. The Member status obtained following the payment of the Annual Fee is valid for the period between the date of Annual Fee’s payment and the 31st December of the calendar year in which the Member status was acquired.
3.8. The Annual Fee shall always be paid, and its amount shall remain unchanged (subject to any promotions promoted by the Fan Club’s administrative body or changes decided by the Fan Club's administrative body and communicated to the Members) regardless of when the new Member joins.
3.9. By way of partial derogation to the above, should an individual or legal entity wish to join the Fan Club during the second half of the year 2024 (i.e. from the day of the publication of the Website and therefore from the day when it is possible joining the Fan Club until 31 December 2024), the latter shall pay an Annual Fee equal to Euro 35,00 (thirty-five/00) and the status of Member obtained following the payment of the Annual Fee is valid for the period between the date of the payment of the Annual Fee and the 31st December 2025.
4. Gadgets
4.1. Upon the successful completion of the membership procedure, the Fan Club may provide each new Member with a “welcome package” containing a series of gadgets that may change annually and that will be punctually indicated on the Website (“Box”).
4.2. The shipping costs of the Box are not included in the Annual Fee and will therefore be entirely borne by the Member who is interested in receiving the Box. The shipping costs may vary depending on the shipping address provided for the receipt of the Box. In particular, the applicable rates for shipments in Italy and abroad can be consulted on the Website (https://premafanclub.com/content/1-shipping-and-delivery). The exact amount of the shipping costs will be quantified and communicated before the payment of the Annual Fee under “Shipping”.
4.3. In any case, the Member shall be free to opt for the option of not receiving the Box by selecting the appropriate field marked “Without Box” when filling out the Form. The expression of a waiver to receive the Box does not in any way affect the Member’s membership to the Fan Club nor the recognition of its rights and duties granted under the Articles of Association and this Regulation.
4.4. If the Member has opted to receive the Box, it will be informed of the shipment’s information and status directly by the company entrusted to perform the shipping activities on behalf the Fan Club, by means of e-mails sent to the address provided during the procedure to be followed in order to become a member of the Fan Club.
4.5. The conclusion of the Fan Club membership procedure does not imply the commencement of any deadline for the delivery of the Box, which will be sent by the Fan Club within a reasonable period of time, considering the volume of individuals or legal entities adhering to the Fan Club and the normal production and shipping times for gadgets. Unless in cases of willful misconduct or gross negligence, the Fan Club shall never be held liable for any damage suffered by the Member due to untimely delivery of the Box.
4.6. Any claims for defects in the gadgets included in the Box must be promptly communicated to the Fan Club, by sending an e-mail to the address help@premafanclub.com. The Fan Club, in compliance with the principles of fairness and good faith, will assess the validity of the Member’s request and will take care of any replacement of the defective product, in compliance with the law.
5. Activities and events organized by the Fan Club
5.1. Pursuing the purposes set forth under Article 2 of the Articles of Association, the Fan Club undertakes to organize various activities and/or events aimed at gathering supporters of the Prema Racing S.r.l. racing team (“Prema Racing”), to promote Prema Racing-related initiatives towards them and, in general, to enhance motorsport culture.
5.2. By way of example but not limited to, the Fan Club may promote:
a. exclusive events and/or experiences, both in-person and online (e.g., guided tours of Prema Racing factories, meet and greet and/or Q&A sessions with Prema Racing drivers);
b. contests and/or giveaways to offer passes to races in which Prema Racing takes part;
c. virtual communities created on ad hoc platforms to allow Members to develop a closer relationship with each other, as well as with Prema Racing’s drivers and/or collaborators.
5.3. A monthly newsletter will be sent to all Members to the e-mail address provided by each Member during the procedure to be followed in order to become a member of the Fan Club, concerning individual activities and/or events organized by the Fan Club for its Members, as well as any institutional communications (“Newsletter”).
5.4. The terms and conditions of participation in individual activities and initiatives promoted by the Fan Club will be shared with Members from time to time through the Newsletter.
5.5. Considering the high level of risk involved in motor racing activity, the Fan Club reserves the right to limit or condition the participation of Members to certain activities and/or events that require the physical presence, for example by organizing pre-selection procedures, taking into account the particular factual circumstances that characterize them, without this giving rise to any right of claim by Members against the Fan Club or Prema Racing.
5.6. Due to the fact that motor sport is a high-risk activity, except in cases of willful misconduct or gross negligence, the Fan Club shall never be held liable towards Members, their heirs and assignees for damages which are consequent to events such as death, personal injury, loss or for damages (including, without limitation, consequential damage, economic losses) arising out of, or in any case related to, the organization of activities and/or events and the provision of services related thereto.
6. Community
6.1. The Fan Club may set up communities on various online platforms to pursue the objectives set out in the Articles of Association. The modalities and requirements for access to each relevant community, as well as a description of their characteristics and purposes, will be transmitted through the Newsletter.
6.2. Each Member undertakes to read and comply with the guidelines of the platforms hosting the communities set up by the Fan Club, under penalty of the Member’s exclusion from the Fan Club.
6.3. In any case, the Fan Club reserves the right to draft specific regulations and/or guidelines aimed at imposing rules of conduct on the Members, which are required to comply to when participating in the Fan Club’s communities. Each Member undertakes to read and comply with the aforementioned regulations and/or guidelines, which can be found on the platform hosting the community set up by the Fan Club and which may be sent by e-mail upon the Member’s due request to the e-mail address: help@premafanclub.com. Violation of the aforementioned regulations and/or guidelines may result in the Member’s exclusion from the Fan Club.
7. Claims and limitation of liability
7.1. For any problems encountered during the procedure to be followed in order to become a member of the Fan Club and at any time thereafter, Members may request assistance from the Fan Club through the following e-mail address: help@premafanclub.com.
7.2. For any issues related to the Newsletter or participation in activities and/or events, Members may request assistance from the Fan Club through the following e-mail address: help@premafanclub.com.
7.3. The Fan Club shall not be held responsible for any damages suffered by Members as a result of the use of online pages outside the Website (by way of example but not limited to, external payment platforms) and shall never be held liable, except in cases of willful misconduct or gross negligence, for any interruptions, failures, malfunctions, errors, delays or defects of the Website, including any effects of viruses or other contaminating elements, which are beyond the Fan Club’s control and in any case not attributable to its willful or negligent conduct.
8. Loss of the Member status
8.1. It is cause for exclusion from the Fan Club:
a. failure to share the corrections and/or additions requested by the Fan Club within the terms specified in Article 2.2;
b. failure to share the corrections and/or additions requested by the Fan Club within the terms specified in Article 3.3;
c. failure to comply with the guidelines of the platforms hosting the communities established by the Fan Club, in violation of Article 6.2;
d. failure to comply with the guidelines drawn up by the Fan Club pursuant to Article 6.3;
e. breach of the duties set out in Article 5 of the Articles of Association.
8.2. A Member excluded from the Fan Club shall not be entitled to a refund of the Annual Fee or a portion thereof, and if the violation resulting in exclusion is deemed particularly serious by the Fan Club’s administrative body, the excluded Member may be barred from rejoining the Fan Club for one or more subsequent years or permanently.
9. Privacy
9.1. The processing of personal data provided by the Member shall take place in accordance with the “Adult members privacy policy” or, if the Member is a minor, in the “Minor members privacy policy”. Both disclosures can be consulted at any time on the Website.
9.2. The Fan Club undertakes to process the Member’s personal data in accordance with the content of the aforementioned information sheets, which the Member itself, or the third party representing it and acting on its behalf, declares that it has viewed, read and understood.
9.3. In any case, the Fan Club assumes no liability for any damage resulting from errors or omissions in the communication of personal data by the Member, or by the third party representing and acting on behalf of the Member, or in the event of failure to provide information on the updating thereof.
10. Jurisdiction and applicable law
10.1. This Regulation is governed by Italian law and shall be interpreted accordingly.
10.2. Unless otherwise provided for by the consumers’ applicable legislation (i.e., Legislative Decree 206/2005 as amended and supplemented), the Court of Vicenza shall have exclusive jurisdiction over all disputes relating to or in any way related to the Regulation, including those of an extra-contractual nature.
Pursuant to Articles 1341 and 1342 of the Civil Code, the Member expressly approves and accepts the content of the following paragraphs of the Regulation: 2.2 (loss of Member status); 3.4 (limitation of liability); 4.5 (limitation of liability); 5.5 (limitation of liability); 5.6 (limitation of liability); 7.3 (limitation of liability); 8.1 (loss of Member status); 8.2 (effects of loss of Member status); 10.2 (exclusive jurisdiction).
ANNEX A
MEMBERSHIP APPLICATION FORM FOR MINORS
I, the undersigned _________________________________________________, born in _________________on _________ and residing in ______________________________________ street _______________________________________ no. ____ ZIP code ______________, tax code _________________________, e-mail ________________________________ as parent/guardian of the minor ____________________________________________, born in _________________ on ____________, and residing in ______________________________________ street ______________________________________ no. ____ ZIP code ______________, tax code _________________________, e-mail __________________________
requests
the minor identified above as to become a member of the non-profit unrecognized association with cultural purposes “Prema Fan Club”.
The undersigned also:
a) declares to pay the Annual Fee (as defined under the Regulation) in accordance with the procedures set forth in the Articles of Association and the Regulation of “Prema Fan Club” as identified on the latter’s website;
b) if intending to receive the Box (as defined under the Regulation), declares to pay the shipping costs of the same, which will be quantified prior to payment of the Annual Fee (as defined under the Regulation), and which are indicatively identified on the “Prema Fan Club” website;
c) waives the unrecognized cultural association “Prema Fan Club” and its legal representatives from any liability in the case of any damage that may occur to it.
Date Signature
_____________________________ _____________________________
The undersigned declares that he/she has read and fully accepts the Articles of Association (https://premafanclub.com/content/8-articles-of-association) and the Regulation (https://premafanclub.com/content/9-regulation) of the unrecognized cultural association “Prema Fan Club”.
Date Signature
_____________________________ _____________________________
The undersigned declares that he/she has read and expressly accepts pursuant to Articles 1341 and 1342 of the Civil Code the clause of limitation of liability referred to in letter c) of this form as well as the vexatious clauses (https://premafanclub.com/content/10-vexatious-clauses) present in the Regulation of the unrecognized cultural association “Prema Fan Club”, namely: 2.2 (loss of Member status); 3.4 (limitation of liability); 4.5 (limitation of liability); 5.5 (limitation of liability); 5.6 (limitation of liability); 7.3 (limitation of liability); 8.1 (loss of Member status); 8.2 (effects of loss of Member status); 10.2 (exclusive jurisdiction).
Date Signature
_____________________________ _____________________________