Champion Edition Reservation Agreement

This Champion Edition Reservation Agreement ("Agreement") governs the placing of a reservation ("Reservation") with Strickland Motor Co. ("Strickland") for a Champion Edition SpeedWagon vehicle ("Champion SpeedWagon"). Please carefully read this Agreement before submitting your Reservation. By submitting your Reservation, you agree to be legally bound by all terms of this Agreement.


1. Reservation Agreement

By this Agreement, together with your payment of the Reservation Fee, you are reserving the right to a future purchase of a limited edition Champion SpeedWagon. This Agreement does not obligate you to ever purchase a Champion SpeedWagon and it only obligates Strickland to sell you a Champion SpeedWagon under the terms of this Agreement. This Agreement is not a contract for the purchase, lease, or finance of a specific Champion SpeedWagon that has already been manufactured and given a Vehicle Identification Number, and it does not lock in final pricing, a firm production slot, a firm delivery date, or specific configuration of a Champion SpeedWagon.


Limited Availability: There are a limited number of Champion Edition SpeedWagons available. Reservations for Champion Edition SpeedWagons will be accepted on a first-come, first-served basis until all spots are filled.


After you submit your Reservation and the Champion SpeedWagon becomes available for configuration, we will invite you to complete the configuration of your Champion SpeedWagon on our website, on the phone, or over email. Once you have completed the configuration of your Champion SpeedWagon and we have confirmed by email that we will begin production of your configured vehicle, your Reservation becomes non-refundable. At that time, we will provide you with confirmation of your Champion SpeedWagon configuration and a detailed break-down of the approximate final price. To complete your purchase of the Champion SpeedWagon you have selected and configured, you will need to execute Strickland's standard Agreement for Purchase or Lease Agreement if Strickland is, at that time, offering leases to consumers in the state/province/territory in which you reside (collectively, "Final Sales Agreement") which will include additional terms and conditions, including the final purchase price for your Champion SpeedWagon. Additional payments, including applicable taxes, other governmental fees, and/or shipping or destination charges, will be required as part of your final purchase of a Champion SpeedWagon and will be reflected in your Final Sales Agreement.


By placing your Reservation, and thereby entering into this Agreement, you represent that you are at least 18 years of age or the legal age of majority in your state/province/territory (whichever is greater), and legally competent in the jurisdiction from which you are entering this Agreement to do so. If you are reserving a production slot for a Champion SpeedWagon on behalf of a legal entity or organization, you further represent that you have actual authority to bind such legal entity or organization to this Agreement. We reserve the right to accept or decline Reservations in our sole discretion.


2. Reservation Fee

You will be charged a one-time Reservation Fee of $5,000 USD when you place your Reservation for a Champion SpeedWagon ("Reservation Fee"). Placing a Reservation, which includes acceptance of this Agreement, constitutes your agreement to be charged the Reservation Fee using your provided payment method, which may include ACH transfer, wire transfer, or credit card. We are going to use commercially reasonable efforts to produce a sufficient number of Champion SpeedWagons to deliver to all reservations we accept. If we are able to do this, your Reservation will entitle you to configure and complete your purchase of one of those Champion SpeedWagons. However, if we are unable for any reason to be able to produce a sufficient number of Champion SpeedWagons to deliver one to you based on your place in line, we will have no liability to you other than to return your Reservation Fee.


Refund Policy: You can cancel your Reservation at any time before you complete configuration of your Champion SpeedWagon and we confirm by email that we will begin production of your configured vehicle by sending an email from the email address that you used to make the Reservation to help@stricklandmotorco.com notifying us of your decision to cancel. Upon such cancellation, we will refund your Reservation Fee as soon as we are able. If your email address has changed, you will need to provide additional personal information to verify your identity before a refund can be processed.


Non-Refundable After Configuration: Once you complete configuration of your Champion SpeedWagon and Strickland confirms that production of your configured vehicle will begin, your Reservation becomes non-refundable and you will not be eligible for a refund of the Reservation Fee under any circumstances.


Credit Toward Purchase: If you ultimately execute a Final Sales Agreement and accept delivery of a Champion SpeedWagon, we will provide a credit to the final price equivalent to the Reservation Fee ($5,000).


3. Upgrading from Spot-Saver

If you currently hold an Enthusiast Edition Spot-Saver and wish to upgrade to a Champion Edition Reservation, you may do so by contacting reservations@stricklandmotorco.com and paying the difference between the Spot-Saver price (currently $107.30) and the Reservation Fee (i.e., $4,892.70). Upon payment, your Spot-Saver will be forfeited and you will become subject to this Champion Edition Reservation Agreement. The $107.30 you paid for your Spot-Saver will be credited toward your Reservation Fee. Upgrades are subject to availability of the limited Champion Edition spots.


4. Preliminary Price Estimate

Any pricing provided to you in advance of the Final Sales Agreement ("Preliminary Price Estimate") is offered as an estimate and for illustrative purposes only, is subject to change, and does not constitute an advertisement, solicitation, credit application, or offer for direct sale, financing, or leasing. The Preliminary Price Estimate shown as part of your vehicle configuration may not include documentation fees, applicable taxes, government fees, and/or shipping or destination charges. Because such taxes, fees, and other costs are subject to change and will depend upon differing factors (such as where you choose to register the Champion SpeedWagon), they will be calculated closer to the time of delivery and will be reflected on the Final Sales Agreement executed between you and Strickland.


The Preliminary Price Estimate does not reflect any changes that you may choose to make to the vehicle configuration. If you make changes to the vehicle configuration, you may be subject to potential price increases for any pricing adjustments made since your original Reservation. Any changes made to your vehicle configuration, including any changes in the method of delivery, delivery location, or estimated delivery date, will be reflected in a subsequent vehicle configuration or in the Final Sales Agreement.


You acknowledge that vehicle performance information and other available features, options, and accessories, and the pricing for them, may change before you execute the Final Sales Agreement. This means that your final price as will be reflected on the Final Sales Agreement could be higher than the Preliminary Price Estimate as a result of changes in the base price for the Champion SpeedWagon or any of its features, options, or accessories, including, without limitation, model change-overs, increased labor or material costs, etc. Moreover, we reserve the right, in our sole discretion, to discontinue vehicle models, related products, features, options, and accessories and such discontinuance may result in changes to the final price as will be reflected on the Final Sales Agreement.


5. Delivery

Your priority for the delivery of a Champion SpeedWagon will be set by the date of payment of your Reservation Fee. Champion Edition SpeedWagons will be produced before any Enthusiast Edition SpeedWagons. The actual date of delivery will depend upon a variety of factors, including, among other things, your priority, our manufacturing schedule, your execution of the Final Sales Agreement, and the method and location of delivery of the Champion SpeedWagon. There is no estimated or guaranteed delivery date based on your Reservation or this Agreement. Any estimated delivery time frames provided are estimates only provided for informational purposes, and are subject to change. While Strickland makes every effort to provide accurate estimates, unforeseen circumstances including (but not limited to) production delays, transportation issues, or supply chain disruptions may impact the estimated delivery schedule. As such, you acknowledge and agree that Strickland will not be liable to you for delays in delivery. The method of delivery of the Champion SpeedWagon will be set out in the Final Sales Agreement.


6. Privacy Policy and Terms of Service

The information you provide with your Reservation will be subject to our Privacy Policy and Terms of Service, each of which is incorporated herein by reference and available on our website www.stricklandmotorco.com/legal. Please read the Privacy Policy carefully to understand our practices regarding your information and how it will be treated.


7. Limitation of Liability

To the fullest extent permitted by law, you agree that we are not liable for any direct, special, consequential, punitive, indirect, or incidental damages of any kind whatsoever, including lost profits, loss of business or loss of opportunity, regardless of the basis or circumstances of any claim, damage, loss, or expense, whether in contract, tort, or otherwise. Your sole and exclusive remedy under this Agreement for any claims, damages, costs, or expenses arising under, out of, or related in any way to this Agreement and/or your Reservation is return of the Reservation Fee (where applicable under Section 2). We will have no liability to you in the event of our inability or failure to deliver a Champion SpeedWagon to you other than the return of your Reservation Fee.


8. No Assignment or Re-Sellers

By entering into this Agreement, you confirm that you do not have a present intent to re-sell your Champion SpeedWagon either before or after delivery. Accordingly, you may not assign your rights under this Agreement or your Reservation without our express, written consent. And, we reserve the right, in our sole and exclusive discretion, to cancel any reservation that we reasonably believe has been made with a view toward the resale of any Champion SpeedWagon or that has otherwise been made in bad faith.


Without limiting the generality of any other section of this Agreement, we reserve the right to limit or refuse any reservation you place with us. Further, we reserve the right to verify the validity of any reservation and/or cancel any reservation if we find evidence of fraud, tampering and/or any other violation of this Agreement. We may, in our sole and absolute discretion, limit or cancel the number of reservations submitted per person, or per household. These restrictions may include reservations placed by or under the same payment method, and/or reservations that use the same billing and/or delivery address.


All reservations are subject to verification by us at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to us): (i) for the purposes of verifying the legitimacy of any reservation and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling a reservation in accordance with our interpretation of the terms and conditions of this Agreement.


9. Governing Law

This Agreement, and the Reservation, together with their formation and subject matter, and any related non-contractual disputes or claims between us, are governed solely by the laws of the state of Washington and of the United States regardless of any conflict of laws principles. If you opt-out of the dispute resolution process described in Section 10, or otherwise believe that a dispute or claim is not subject to the terms of Section 10, you agree that any dispute or claim between you and Strickland shall be resolved in a state or federal court in the state of Washington. You expressly consent to the jurisdiction of such courts in the state of Washington and waive all objections to personal jurisdiction or as to venue in such courts due to lack of contacts, inconvenient forum, or any other basis.


10. Dispute Resolution (Arbitration and Class Action Waiver)

In the event a dispute or claim arises relating in any way to this Agreement, the Final Sales Agreement or your Champion SpeedWagon (the "Dispute"), the party alleging the dispute or claim will send a written notice of the Dispute to the other, along with the requested resolution.

If the Dispute is not resolved within 60 days, we each agree that the Dispute will be resolved by binding arbitration and claims arising out of or relating to the validity, application, scope, enforceability, or interpretation of this provision (the "Arbitration Provision") shall also be decided by an arbitrator.


Unless otherwise agreed, the arbitration will be conducted by the American Arbitration Association ("AAA"). The arbitration will be conducted in accordance with AAA's Consumer Arbitration Rules. The arbitration process shall include the appointment of a neutral arbitrator and a party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration.

WE EACH AGREE THAT YOU AND WE MAY BRING DISPUTES AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator cannot combine more than one person's claim into a single case, and cannot preside over any class, collective, consolidated, or representative arbitration proceeding (unless we both agree to change this in writing).


We also both agree that you or we may bring suit in court to: 1) enjoin infringement or other misuse of intellectual property rights; 2) file bankruptcy; 3) enforce a security interest in the Champion SpeedWagon by repossession; 4) take legal action in court to enforce the arbitrator's decision; or 5) request that a court review whether the arbitrator exceeded the authority granted by this Arbitration Provision. You also agree that regardless of any statute or law to the contrary, must be filed within one (1) year after such claim or cause of action arose, or within such longer period as may be required by applicable law that cannot be waived by agreement, or be forever barred. Any portion of this Arbitration Provision that is unenforceable shall be severed, and the remaining portions shall be enforced. But if the waiver of class action rights is deemed unenforceable in connection with a claim involving class allegations, the entire Arbitration Provision shall be unenforceable. If multiple claims or remedies are asserted in one action and one or more of those claims or remedies would not be subject to arbitration, you and we agree that the claims or remedies that would not be subject to arbitration must be stayed until all claims or remedies that are subject to arbitration have been resolved. You and we also agree that if claims or remedies are asserted against multiple parties, some of whom are not required to arbitrate, the claims or remedies subject to arbitration must be severed.


11. Effective Date

This Agreement is effective upon Strickland Motor Co's receipt of the Agreement and your payment of the Reservation Fee. Strickland receives and accepts the Agreement and payment of the Reservation Fee at its offices in King County, Washington. By submitting the Agreement and paying the Reservation Fee, you agree that the Agreement is formed in the state of Washington, United States.

The undersigned have executed this Agreement effective as of the Effective Date.


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