RALLYRACE LTD – EXECUTIVE CLUB EVENTS
Participant Terms and Conditions
1. General Information
This Event is not a race or competition of any kind, so you must not compete in any manner with other Participants. You must drive safely in accordance with all road laws and with proper courtesy to all other Participants and members of the public.
Your participation in the Event and any payment of the Entry Fee shall be deemed to be your acceptance of these Terms and Conditions. If you have any questions regarding these Terms and Conditions or need any further clarification, you should contact the Event Organizers. If you do not agree with any part of these Terms and Conditions, you should not participate in the Event.
2. License and Insurance
You must hold a current, valid, and unrestricted driver’s license. You must maintain appropriate insurance to cover your participation in the Event, including, without limitation, third-party motor liability insurance.
3. Event Insurance
The Organizers will maintain event liability insurance throughout the Event.
4. Entry Fee
The Entry Fee is shown on a per-person basis and based on a minimum of two people in each car. You may add people to your car, which will result in an additional fee, which must be paid in advance.
You are responsible for paying the Entry Fee in advance, plus any additional fees or fines which may arise and the fees for any additional person in your vehicle. As each Participant and person in each car must sign a waiver before taking part, you may not carry any unauthorized Participant in your car. The Organizer reserves the right to post an additional charge to your credit card on file for any unauthorized Participant.
Participation in the Event is only confirmed once the Entry Fee has been received and confirmed by the Organizer. Until such a time, no places are confirmed.
If you have to withdraw from the Event for any reason, you should notify the Organizer immediately.
You agree from the date the Organizer receives your Entry Fee that some or all of the Entry Fee you have paid will be non-refundable. The Organizers have to make specific commitments as soon as they have received your Entry Fee, which includes non-refundable payments to hotels and other venues, personnel availability, etc. As such, the Organizer is often unable to cancel those commitments or retrieve any money, so may be unable to refund some or all of your Entry Free should you have to withdraw from the Event.
5. Modifications to the Route and other Elements
The Organizer reserves the right to amend the originally advertised route at any stage. The Organizer also reserves the right to select an alternative hotel, lunch venue or other facility at short notice and without any advance warning. The Organizer will do its best to communicate the key changes to the Participant as soon as possible.
6. Transferal of Entry Fee
Once the Entry Fee has been paid, this fee is not transferable to any other future Events or as any part payment of any future Events held by the Organizer.
7. Personal Acquisitions
The Entry Fee into the Event does not include personal acquisitions and/or disbursements, including, without limitation, petrol, telephone bills or other expenses and disbursements incurred while staying in any of the hotels or venues (including courier/postal charges relating to sending luggage and room service charges), fines of any sort, or damage caused at any venue visited.
8. Hotel Rooms
Included in your Entry Fee, you will receive one hotel room at the overnight hotel for the number of nights indicated on the event collateral.
All hotel rooms will consist of either a double bed or twin beds for you and your co-driver to share. If you do not wish to share a room with your co-driver, you may purchase an additional room by specifying this requirement or on the entry form. Additional rooms are subject to availability, but the Organizer will do its best to source.
9. Personal Expenses
When ‘checking in’ to all hotels, a credit card must be provided as a security guarantee against any and all incidental charges and any damage to the hotel property. Any such costs incurred must be paid for by you before ‘checking out’, or such costs may be automatically debited from your credit card in accordance with the individual hotel's policies.
You must comply with all applicable laws and regulations of the state and county within which you will be travelling ("Applicable Laws"), including without limitation all speed regulations, laws of the road, laws relating to the safety of your vehicle and laws relating to the possession or use of alcohol, drugs, or other prohibited substances. If you breach any Applicable Laws, the Organizer reserves the right at its sole discretion and without being subject to any appeal to prohibit you from participating further in the Event without giving any refund.
You must not drive if your ability to do so safely and properly is in any way compromised by illness, lack of adequate rest, or any other condition.
It is a condition of your Entry to the Event that you agree to indemnify the Organizer, its directors, officers, employees, agents and consultants against any and all claims, lawsuits and causes of action whatsoever or howsoever arising and brought against the Organizer by any third party as a result of your action or participation in the Event, including without limitation, your violation of any Applicable Laws or laws or regulations or your breach of these Terms and Conditions.
13. Force Majeure and Cancellation
The Organizer, its directors, employees, sponsors, advisors, agents and consultants are not responsible if they cannot fulfill their obligations resulting from this contract (including without limitation the holding of the Event or any part of it) in cases of fire, earthquake, epidemic diseases announced by the World Health Organization, cyclone, flood, aridity, strike, lightning, war in the country, revolution, civil war, terrorist activities and similar troubles, blockade, embargo, confiscation and expropriation, and in other cases defined as Force Majeure by any applicable laws and/or Applicable Laws and regulations.
The Organizer cannot be held responsible if it is not possible for it to fulfill any one of its obligations or if a delay occurs in fulfilling its obligations due to any reason or situation beyond its will, power and control, including but not limited to incidents arising from the operations of law enforcement in any territory, the general instructions of any relevant official institution, provisions of law, regulation and statute, instructions given by authorized officials such as police and government officials, extraordinary situations, and other force majeure events. For the avoidance of doubt, if the Organizer acting reasonably decides to call off the Event either before the Event or during the Event due to an incident (such as a death or serious injury in connection with the Event or an event that otherwise naturally detracts from the Event), such Event will be considered to be a force majeure event in accordance with this clause and the Organizer will have no liability, in particular and without limitation, to refund the Entry fee or any part of it to any Participant.
In case of the cancellation of the Event, the Organizer will refund the Entry fee if such cancellation is due to actions or inactions of the Organizer, and will aim to refund the Entry fee if such cancellation is due to force majeure or circumstances beyond its control, as long as the force majeure event is insurable. Otherwise, no refund of the Entry fee will be made.
14. Promotional Images
By participating in the Event, you consent to be photographed and to be included in the filming of footage documenting the Event. You hereby waive any and all rights of publicity or privacy and grant the Organizer a royalty-free license to utilize and exploit your appearance at the Event in any and all manner and media throughout the world in perpetuity. You expressly release the Organizer, its directors, officers, agents, employees, consultants, licensees, and assignees from and against any and all claims that you have or may have for invasion of privacy, defamation or any other cause of action arising out of the production, distribution, broadcast or exhibition of photographs, footage or any promotional materials.
15. Unaffiliated Organizations
The Organizer may suggest that a Participant considers the purchase of products or services from third-party organizations (including car rental agencies). The Organizer is in no way responsible for the products and services provided by that third-party organization, and performance in this regard is the full responsibility of that third-party organization. Should the Participant engage the services of that third-party organization, they should contact a representative of that organization directly if they have any issues or questions.
16. Change of Terms
The Organizer reserves the right to change these terms and conditions from time to time, subject to notifying you of the changes. You shall be deemed to have accepted the amended terms and conditions by participating in the Event.
17. English Law
English law governs these terms and conditions, and you hereby irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales in relation to any disputes arising from the terms of this agreement, including non-contractual disputes and in relation to its subject matter or formation.
18. Entire Agreement
These Terms and Conditions of Entry, the Waiver and the Entry Requirements Form constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement reached between the parties, whether in oral or written form.
Appendix A: Waiver
Prior to taking part, the Participant must sign the below Release and Waiver of Liability.
Assumption of Risk and Indemnity Agreement
IN CONSIDERATION of being permitted to compete, officiate, observe, work for, or participate in any way in the EVENT(S) or being permitted to enter for any purpose any RESTRICTED AREA (defined as any area requiring special authorization, credentials or permission to enter or any area to which admission by the general public is restricted or prohibited including but not limited to the competition area and any hot pit area), EACH OF THE UNDERSIGNED, for himself/herself, his/her personal representatives, heirs, and next of kin:
1. Acknowledges, agrees, and represents that he/she has or will immediately upon entering any such RESTRICTED AREAS, and will continuously thereafter, inspect the RESTRICTED AREAS which he/she enters and he/she further agrees and warrants that, if at any time, he/she is in or about RESTRICTED AREAS and he/she believes anything to be unsafe or unsatisfactory in any way, he/she will immediately advise the officials of such and will leave the RESTRICTED AREAS and/or refuse to participate further in the EVENT(S). I acknowledge that I may not have the opportunity to inspect any RESTRICTED AREA prior to the Event.
2. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the promoters, participants, racing associations, sanctioning or administrative organizations or any affiliated entities thereof, track operators, track owners, officials, vehicle owners, drivers, builders and designers, crews, rescue personnel, any persons in any RESTRICTED AREA, promoters, sponsors, equipment and parts manufacturers and suppliers, advertisers, owners and lessees of premises used to conduct the EVENT(S), premises and event inspectors, surveyors, underwriters/brokers, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises or EVENT(S) and for each of them, their directors, officers, agents, and employees, all for the purposes herein referred to as "RELEASEES", FROM ALL LIABILITY TO THE UNDERSIGNED, his/her personal representatives, assigns, heirs, and next of kin, FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFORE ON ACCOUNT OF INJURY TO THEPERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE EVENT(S), WHETHER CAUSED BY NEGLIGENCE OF ANY RELEASEE(S) OR OTHERWISE.
3. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the RELEASEES and each of them FROM ANY LOSS, LIABILITY, DAMAGE, FEES, OR COSTS they may incur arising out of or related IN ANY MANNER TO MY ATTENDANCE AT OR PARTICIPATION IN THE EVENT(S), AND WHETHER CAUSED BY THE NEGLIGENCE OF ANY RELEASEE(S) OR OTHERWISE.
4. HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the EVENT(S) whether caused by the NEGLIGENCE OF ANY RELEASEE(S) OR OTHERWISE.
5. HEREBY acknowledges that THE ACTIVITIES OF THE EVENT(S) ARE DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
6. HEREBY agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the RELEASEES, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as is permitted by the laws of the Province or State in which the EVENT(S) is/are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.