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Membership Agreement Sample
This Agreement entered on this day of Sunday, May 6, 2007 between CaliforniaLottoPool ("Lotto Pool Organizer") and Your
Name Here ("Lotto Pool Member "), in regards to the JoinLottoPool.com's pool for the month of May being managed and organized
by CaliforniaLottoPool.
This Statement reduces to writing any and all agreements between the parties regarding each party’s rights and obligations
in regards to the Lotto pool. This agreement is effective upon signing this agreement and remains in effect as long as
Lotto Pool Member contributes toward the Lotto pool.
IN CONSIDERATION of the mutual covenants herein, the parties agree as follows:
1. Membership Fee. Each Lotto Pool will consist of at least 100 pool members. Each of the Lotto Pool Members agree to contribute
$20.00 per month. Each membership includes the purchase of One (1) MEGA MillionsŪ and One (1) SuperLotto PlusŪ Lottery ticket
for the price of $2.00 each per play drawing in the month subscribed. For example, if there are 9 drawings for the month,
then $18.00 of the membership fee will be used to purchase One (1) play ticket for $2.00 for each play drawing. The balance
of the membership amount allows for expenses such as Hosting Fees for the website, Employee Salaries, Advertising, Commissions
for Affiliates, Ongoing Improvements to the website and other miscellaneous expenses. The tickets will be purchased only
from a valid California Lottery Retailer located in California, USA. Lotto Pool Members understand the high degree of risk
involved in playing lotteries and acknowledge that participating in a Lotto pool does not guarantee Lotto Pool Members
will win any prize and that they can afford a total loss of their pool share. All Lotto Pool Members must be 18 years of
age or older. It is understood that CaliforniaLottoPool is not a reseller of California Tickets nor presents itself as directly
associated with either the MEGA MillionsŪ or SuperLOTTO PlusŪ Lottery or one of its retailers.
2. Applicability of Contract. Each Lotto Pool Member who chooses to become involved will have the ability to print a signed
copy of this Membership Agreement which will be made available on the first drawing day of any given membership month
after all the lotto pools have officially been assigned. This Agreement legally binds each Lotto Pool Member to their share
of the winnings, if any, with each of the other Lotto Pool Members in that specific Lotto pool, in the event there is
a winning Lottery ticket purchased.
3. Distribution. In the event one of the MEGA MillionsŪ or SuperLOTTO PlusŪ Lottery tickets purchased for a particular Lotto
Pool is a winner, the Lotto Pool Organizer agrees to distribute the proceeds equally among the Lotto Pool Members involved
in the winning drawing.
If the dollar amount won in any given membership month is less than $10.00 per lotto pool member, the individual share
winnings will be credited to their individual account and can be used towards next month's membership fee.
If the dollar amount won if any given membership month is greater than $10.00 per lotto pool member, each member of the
pool will have a check sent to them to the mailing address that CaliforniaLottoPool has on file.
Lotto Pool Member agrees that no one has made any promise or guarantee that Lotto Pool Member will derive any specific
income or profit as a Lotto Pool Member to the Lotto pool.
4. Notification. Lotto Pool Organizer agrees to purchase Lottery Tickets and enter them into a secure database and make
the numbers available for review before 7:00pm PST on the first drawing day of any given membership month. Lotto Pool Organizer
can not be held responsible for typographical errors in the entering of these numbers. In the event there is a winning
Jackpot Lottery ticket, Lotto Pool Members will be notified within 48 hours following the drawing at the email address
listed on the membership account.
5. Share of Winnings. In exchange for organizing and operating the Lottery Pool, CaliforniaLottoPool will maintain 5% of
any net winnings $100,000.00 or greater in value.
6. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto. In the event
of death, Lotto Pool Member’s winnings will be transferred to Lotto Pool Member’s spouse or estate or incordance
with the laws set forth in the State of California.
7. Term. The parties hereby affirm that this Agreement will become effective upon contribution to a Lotto Pool and terminates
after the last drawing date for that specific membership month.
8. Entire Agreement. This instrument contains the entire agreement between the parties with respect to Lotto pool. It may
be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
9. Choice of Law. This Agreement, including all matters of construction, validity, interpretation and performance, shall
be strictly governed by the laws of the State of California and venued in the state superior court located in the county
in which the Lotto Pool Organizer is located. In the event that any provision of this Agreement shall be determined by
any court of competent jurisdiction to be unenforceable or otherwise invalid for any reason, including but not limited
to the duration of such provision or the extent of the activities prohibited or required by it, the provision will be enforced
and validated to the extent permitted by law, and the court will have the power to reduce the duration of the provision
or extent of the activities to the extent necessary for the provision to be enforceable. All provisions of this Agreement
are severable, and the unenforceability or invalidity of any single provision hereof will not affect the remaining provisions.
10. Attorneys Fees. All parties to this Agreement shall separately bear all expenses incurred by them in connection with
this Agreement; provided, however, that if any party shall commence legal action to specifically enforce or otherwise
seek redress under or for breach of this Agreement, the substantially prevailing party in such action shall be entitled
to recover its costs, fees, expenses and reasonable attorneys' fees therein, including costs and fees incurred in any appellate
proceeding and for any expert witnesses.
11. Severability. In case any one or more of the provisions contained in this Agreement shall be held invalid, illegal
or unenforceable for any reason or in any respect, such invalidity, illegality or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had
never been contained herein.
12. Headings. Descriptive headings are for convenience only and shall not control or affect the meaning or construction
of any provision set forth in this Agreement.
13. Separate Counsel. This Agreement is entered into by the parties their own free will. There is no undue influence, coercion,
or fraud by either party. Both parties acknowledge that they have had the opportunity to retain the assistance of separate
counsel for advice, that they each elected to decline that opportunity; that they have read this Agreement and feel this
Agreement is entirely fair and equitable and that they know and understood all the terms, provisions, and legal consequences
of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on
Sunday, May 6, 2007 the day and year first above written.
Lotto Pool Member’s Signature
_________________________________________
Your Name Here
_________________________________________
Lotto Pool Organizer’s Signature
CWE
CaliforniaLottoPool
450 W. Pioneer Drive
Glendale, CA 91203
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