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AMER1cAN SPECIALTY'
<br />AMERICAN SPECIALTY SPORTS & ENTERTAINMENT PURCHASING GROUP
<br />MEMBERSHIP AGREEMENT
<br />This Membership Agreement ("Agreement") is by and between American Specialty Sports & Entertainment Purchasing
<br />Group ("PG") and City of Santa Ana, the Member/Applicant. "Member" and/or "Applicant" shall mean the person
<br />submitting an application or request for liability insurance ("the Application") or, if an entity, the entity listed on the
<br />Application, its owners, directors, officers, employees, volunteers, and committee members, as well as any companies
<br />that are parents of, subsidiaries of, owned by, related to, or affiliated with Applicant. By completing the Application for
<br />liability insurance, the Applicant agrees that they have also made application for membership in the PG. Applicant agrees
<br />to become a Member of PG and accept, abide by, and be bound by the terms and conditions of membership and
<br />understands that the PG is an entity that operates pursuant to the Liability Risk Retention Act of 1986 (15 USC 3901 et
<br />seq) which is federal legislation adopted in 1986 that expanded the provisions of the Product Liability Risk Retention Act
<br />of 1981. The primary changes were an expansion of risk retention groups and purchasing groups to all types of liability
<br />insurance (except personal liability and workers' compensation) and expansion of authorized groups able to form
<br />purchasing groups and risk retention groups from only product manufacturers to almost all risks.
<br />The Applicant further understands that only upon meeting the underwriting requirements imposed by the PG's insurer, will
<br />the Applicant be eligible for membership in the American Specialty Sports & Entertainment Purchasing Group.
<br />MEMBERSHIP FEE
<br />The Membership Fee ("Fee") charged to each Member may vary from Member to Member and may bear no relation to the
<br />insurance exposures or operations of the Member. The amount of the Fee charged shall be within the sole discretion of
<br />Administrator and PG. Further, the Fee may be developed in a manner otherwise considered to be arbitrary, capricious,
<br />and/or discriminatory. Neither the Administrator nor PG shall be required to disclose the method of calculating a given
<br />Member's Fee. As a Member of the PG, it is understood and agreed that the liability insurance applied for will be bound
<br />and is only available to members of the PG and Member agrees to pay the annual PG membership fee in the amount of
<br />$100. The Fee is payable upon acceptance of the Application and at the time coverage is bound. The Fee is not an
<br />insurance -related fee and is instead used to fund the operations of the PG. The Fee charged to Member is not charged
<br />to Member in exchange for, 1) a policy of insurance; or 2) a Certificate of Insurance; or, 3) any insurance -related service.
<br />Member agrees and understands that Fee is non-refundable. Member agrees to pay the Fee to the PG Administrator,
<br />American Specialty Insurance & Risk Services, Inc., as representative of PG.
<br />TERM & TERMINATION OF MEMBERSHIP
<br />Applicant's membership in PG shall commence on the inception date of insurance coverage and shall terminate upon the
<br />earliest to occur of the following events: (a) Member/Applicant's written resignation from PG; (b) Member/Applicant's
<br />failure to pay premiums, Purchasing Group Membership Fee, or premium taxes to Administrator on behalf of PG when
<br />due; (c) written notice of termination sent from PG to Member/Applicant, which PG may give for any reason whatsoever,
<br />including, without limitation, any change in Member/Applicant's business that, in PG's sole determination, could jeopardize
<br />the homogeneity of PG; (d) the expiration date of insurance coverage; (e) the insolvency of Member/Applicant; or (f) the
<br />termination or non -renewal of registration of PG under relevant state law.
<br />RIGHTS OF MEMBERS
<br />Applicant's only rights as a Member of PG shall be to apply for and purchase insurance. Applicant shall have no other
<br />rights whatsoever as a Member and or an Applicant or otherwise with respect to PG. Without limiting the generality of the
<br />foregoing, Applicant shall have no right as a Member of PG or otherwise under: (a) the bylaws, governing documents, or
<br />other corporate documents of PG; or (b) the general corporation laws of any state, including, but not limited to, any state
<br />in which Applicant or PG is domiciled or in which Applicant or PG have connections or operations.
<br />HOLD HARMLESS/INDEMNIFICATION
<br />Member agrees to defend, indemnify and hold PG harmless from and against any and all claims, damages, costs and
<br />expenses, including attorney's fees, arising from or relating to Member's improper use or receipt of any services provided
<br />®American Specialty Insurance & Risk Services, Inc, dba A.S.I.R.S.I. Insurance Agency, American Specialty
<br />Insurance & Risk Services Agency; and, A S Insurance & Risk Services Agency (9/11/2019)
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