property and life insurance; and insurance covering Participants vehicle in the Rally.

Transcription

1 THESE ARE THE 2018 DESERT ROYAL RALLY (hereinafter DRR ) TERMS AND CONDITIONS OF REGISTRATION AND PARTICIPATION. PLEASE COMPLETE THE 2018 DRR APPLICATION IN ITS ENTIRETY INCLUDING FULL LEGAL NAME, ADDRESS, DRIVERS LICENSE NUMBER, VEHICLE DESCRIPTION, INCLUDING YEAR, MAKE, MODEL, LICENSE NUMBER AND VIN NUMBER. ANY PERSON TRAVELING IN THE 2018 DRR MUST SIGN THIS AGREEMENT. BY COMPLETING THIS APPLICATION AND PARTICIPATING IN THE 2018 DRR YOU ACKNOWLEDGE AND AGREE TO ALL TERMS AND CONDITIONS HEREIN; AND AGREE TO SUBMIT PAYMENT OF THE FULL REGISTRATION FEE. (ALL ENTRY FEE PAYMENTS ARE FINAL AND NON- REFUNDABLE) The 2018 DRR requires one entry fee per car and no more than 2 occupants per vehicle (Driver and passenger). This registration is not complete and participation will not be guaranteed until registration fee is paid in full. The 2018 DRR is not a race. Participants shall not compete with other participants under any circumstances. Betting of any kind in relation to the 2018 DRR Rally is strictly prohibited. You must comply with all applicable laws and regulations of the City, County, State and Country in which you are present and any given time during the entire duration of The 2018 DRR, including but not limited to all speed regulations and laws of the road, laws relating to the safety of your vehicle and the safety of other vehicles on the road. You must be compliant with all state laws pertaining to registration of your vehicle and vehicle insurance. Participant s drivers license will also be required. Participants will be required to present proof of each upon check- in on the first day of The 2018 DRR event. Each Participant must have a legal and valid vehicle registration with the name of the registered Participant matching such Participant s vehicle. Each Participant must hold and present a current, valid, unrestricted driver s license issued from one of the United States and must present same to The DRR staff upon check- in. Participant shall obtain and maintain appropriate insurance covering participation in the Rally. Appropriate insurance includes, without limitation, third party liability, liability coverage for each vehicle occupant, medical insurance, damage to

2 property and life insurance; and insurance covering Participants vehicle in the Rally. Reckless driving, speeding, racing, cutting off other vehicles, driving on the shoulders of roads, or endangering other participants or the public is strictly prohibited and will result in immediate expulsion from the Rally. Possession, use of, or driving under the influence of ANY drugs or alcohol (whether illegal or prescriptive, i.e., any meds causing impairment) is STRICTLY prohibited at all times for the entire duration of The 2018 DRR Rally beginning at check- in. The DRR reserves the right to cancel participation or remove any participant or any vehicle passenger at any time if any single violation of the above regulations is breached. Drivers shall not drive if they have any illness, fatigue or any other condition that may cause risk to other participants, the general public drivers or their vehicles, pedestrians or, cause any other persons or property to be at risk in any way whatsoever. The 2018 DRR staff will provide a detailed itinerary for the event and badges. Participants will wear a 2018 DRR issued badge at all times throughout the entire event. The Rally is open to all makes, models and years of vehicles as listed on the DRR web site ; however, the majority of the vehicles will be Luxury, Sports, Classic and Exotic cars all of which will be a unique collection of high- end vehicles. Participation is limited to 100 vehicles and there is no guarantee with respect to available space. Registration is not guaranteed until full payment of entry fee is received. Flights, airfare, auto transport, or accommodations are not included until check- in at the designated hotel and event staff has verified completed registration, payment and required documentation. All participants including passengers must be 21 years of age or over to participate. The DRR or its members, employees, contract staff, consultants, agents assigns or attorneys shall not be liable for, and accept no responsibility for any Participant or passenger for actions or

3 omissions in participating in the Rally, including but not limited to being cited, towed, charged, prosecuted or prohibited from participation in the Rally arising from the improper conduct of a Participant or a passenger at any location, stop, facility, establishment, public road, or any other place a Participant or a passenger is present during the Rally. Participants and passengers will indemnify The DRR staff, its members, employees, contract staff, consultants, agents, assigns or attorneys against all claims, lawsuits or causes of action of any kind arising from the Rally and brought on by a Third Party as a result of the Participant s or a passenger s actions, omissions or participation in the Rally, included but not limited to Participants or passengers violation of Federal, State, County or City laws, ordinances or regulations; or Participant or passenger s breach of any terms and conditions contained herein. The DRR staff, its members, employees, contract staff, consultants, agents, assigns or its attorneys shall not be held responsible, nor shall be required to fulfill its obligations in the event of fire, earthquake, epidemic disease, cyclone, flood, strike, lightening, rain, revolution, terrorist, and any other cases accepted as Force Majeure under the statutes and case law of the State of California. Participants and passengers agree to have The DRR logo and any other logos designated by The DRR staff, including but not limited to official Rally sponsors attached to the windscreen of the vehicle at all times and must not obscure, obstruct or alter such logos and must keep them clean and visible during the entire duration of the Rally. Logos will also be provided on T- shirts and other attire. Personal sponsorship is permitted only with prior written permission from The DRR. The DRR or its staff reserves the right to refuse unauthorized sponsors or sponsored vehicles from participating in the Rally. Registration fees are non refundable unless applicable terms and conditions apply. Although vehicles have sufficient time to arrive at each destination, the route of the Rally is demanding. If Participants or passengers do not manage to complete any part of the route or the Rally events, or are unable to stay at the provided venues, Participant will not be refunded the entry fee, or any portion of the entry fee under any circumstance, whatsoever. The DRR staff reserves the right to cancel the Rally for any reason, at any time. In the case of The DRR cancellation of the Rally,

4 only the entry fee will be refunded. The DRR has the right to cancel a Participant s or a passenger s registration at any time at its sole discretion. In the case the Participant or passenger needs to cancel, the Participant may sell the paid registration on his/her own for any amount he/she wishes. The DRR is not responsible for resale of a Participant s registration fee and will not refund the difference in fees paid versus resale. Participant must get written permission from The DRR prior to resale of Participant s registration fee. Cancellations will not be accepted within 30 days of the Rally kick off date. The purchasing new Participant will be required to fill out The DRR registration form and provide all required documentation within 30 days of kick off. The new Registrant must make payment to you directly. By participating in The DRR Rally, Participants consent to being filmed and photographed throughout the entire 6 days. Filming and photography will be taking place documenting all Rally events, vehicles, drivers, passengers, staff, contract staff, employees and its assigns. Participant or passenger hereby waives any and all rights of publicity or privacy and grant The DRR staff full and complete permission to utilize, exploit Participant or passenger s appearance in the Rally in any and all manner and media throughout the world in perpetuity. Participant or passenger further agrees that The DRR staff has the sole discretion to the use or refuse to use any photographs or footage in which Participant or passenger appears, and that if The DRR staff does use such footage or photographs, it may be edited at The DRR staff s sole discretion. Participant or passenger agree to use of their name, image, likeness, voice, and biographical material in connection with any and all footage, publicity and all related promotional material and for any and all publicity and promotional purposes. Participants or passengers expressly release The DRR staff from and against any and all claims which Participant or passenger has, or may have, an invasion of privacy, defamation, or any other cause of action arising out of the production, distribution, broadcast, or exhibition of photographs or footage, or any other promotional materials. Participants or passengers, without obtaining prior written consent from The DRR staff, shall not be entitled to use The DRR logo or any other logos associated with, or designated by The DRR staff for placement on Participant s vehicle during the Rally

5 for any purpose whatsoever, other than placement of the logo on the Participant s vehicle. Participants or passengers shall not use The DRR logo or any other logos associated with, or designated by The DRR staff on any website or printed materials without prior written consent from The DRR staff. Participant or passenger shall only be authorized to take photographs or film footage of Participant or passenger s participation in The DRR Rally for personal and non- commercial use. Participant or passenger shall not reproduce or use photographs or footage of the Rally for use on any website, in any printed media or matter in any television program with out prior written permission from the DRR staff. Participant or passenger agrees to assign all Participant or passenger s right, title, interest in the worldwide copyright and all intellectual property rights in such photographs or footage in perpetuity together with exclusive worldwide rights of exploitation thereof to The DRR staff and deliver to The DRR staff within 30 days after the conclusion of the Rally, at no cost to The DRR staff, a SD card of all of the footage originated by the Participant or passenger at the Rally and copies of all photographs taken by the Participant or passenger at the Rally. The DRR staff reserves the right to change these terms at any time without prior notice to Participants or passengers. Participant or passenger shall not be entitled to arrange or conduct any media appearances relating to Participant or passenger s participation in The DRR Rally without obtaining prior written consent of The DRR staff. Participant or passenger understand that while The DRR staff will endeavor to keep Participant or passenger s personal information secure, The DRR staff does not accept any responsibility should loss or theft of said information occur. Participant or passenger consent to The DRR staff passing Participant or passenger information to a third party if deemed necessary. These terms and conditions, this agreement and Participant s or passenger s participation in the Rally shall be governed in accordance with the laws of the State of California, and Participant or passenger submits to the jurisdiction of the courts of the State of California, exclusively. By completing the registration form, participating in the Rally, and accepting all terms and conditions, Participant or passenger is entering into a legally binding agreement with The DRR to participate in the Rally on these terms and conditions.

6 All risks associated with Participant or passenger s participation in the Rally is acknowledged and accepted. Participant or passenger realizes that participation in the Rally is potentially dangerous and that there are numerous risks associated with participants. Such risks and dangers include, but not limited to, traffic accidents, collisions, and accidents with pedestrians, vehicles, other drivers and/or fixed or moving objects, and the negligence of other drivers, pedestrians or other participants. Further, Participant or passenger understands and realizes that participation in the Rally may result in serious bodily injury and /or death to Participants, passengers or others. Participant further realizes and understands that the route of the Rally will require driving on public roadways upon which the hazards of traveling are to be expected. Further, Participant or passenger realize that participation in the Rally will require serious physical exertion as participants will be required to drive for very long periods of time including the risk of driving through inclement weather. Assumption of the risks with the full knowledge of understanding of the risks associated with participation in the Rally. Participant or passenger enters the Rally voluntarily and fully accepts and assumes every such risk for loss, damage, or injury; including death. Compliance with Terms and Conditions of Entry, Participant or passenger agrees to comply with all Rally terms and conditions of entry. Participant or passenger understands that The DRR will make every effort to ensure that other participants and passengers comply and abide by these terms and conditions. Release of Liability in consideration for being permitted to participate in the Rally, Participant or passenger hereby waives releases and forever discharges for Participant or passenger, its heirs, executors, administrators and legal representatives any and all rights or claims which Participant or passenger has, or may have, or may hereinafter accrue to Participant or passenger against The DRR staff, and its officers, consultants, employees, directors, contract employees and agents, and Rally sponsors for any and all damages, injuries (including death), and/or claims which may be sustained by Participant or its vehicle directly or indirectly arising out of Participants participation in

7 the Rally, including the application of emergency or medical services at the Rally, even if the damages or injuries, including death, arise out of negligence of those persons listed above or otherwise nothing in these Terms and Conditions shall be construed as excluding or limiting The DRR staff s liability for personal injury or death arising from its negligence or the negligence of persons under its control. Further, Participants or passengers covenants not to sue The DRR Staff and its officers, employees and contractors, and Rally sponsors for any and all damages, injuries and death, and/or claims which may be sustained by Participant or passenger directly or indirectly arising out of Participant or passenger s participation in the Rally. This release includes but is not limited to claims for personal injury, death, property damage, economic loss, breach of contract, lost wages, contribution indemnity, indemnity, punitive damages, negligence or any other leally recognizable claim arising out of Participant or passenger s participation in the Rally. Indemnity. Participant or passenger hereby agrees to defend, indemnify and hold harmless The DRR staff and its employees, contractors and representatives, and Rally sponsors and licensees and assigns from and against any and all claims and suits arising from either directly or indirectly Participant or passenger s participation in the Rally. I certify that I have read and understand ALL of the above, and acknowledge and agree to all terms and conditions herein. Date: