TERMS, CONDITIONS, ACCIDENT WAIVER & RELEASE OF LIABILITY
NORCAL LAMBORGHINI CLUB AMERICA, LLC (NORCAL LAMBORGHINI CLUB AMERICA)
TERMS AND CONDITIONS OF REGISTRATION AND PARTICIPATION *
ANY PERSON TRAVELING AND PARTICIPATING IN A NORCAL LAMBORGHINI CLUB AMERICA EVENT MUST SIGN THIS AGREEMENT.
BY COMPLETING THIS REGISTRATION AND PARTICIPATING IN A NORCAL LAMBORGHINI CLUB AMERICA EVENT, YOU (“the Participant”) (A) ACKNOWLEDGE AND AGREE TO ALL TERMS AND CONDITIONS CONTAINED HEREIN; and (B) AGREE TO TENDER PAYMENT OF THE ENTIRE REGISTRATION FEE (ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE).
Participant acknowledges that they are voluntarily participating in the NorCal Lamborghini Club America event (“the Event”). The Event is organized by NorCal Lamborghini Club America, LLC, a California limited liability company, (“NorCal Lamborghini Club America”) and may have various sponsors who have provided goods, money and/or support for the Event (the “Sponsors”). The Event is made available to Lamborghini owners and Lamborghini Club America registered members. Places are limited to a maximum of fifty (50) vehicles and the only guarantee with respect to available spots is through full payment of entry fee.
THE EVENT INCLUDES A DRIVE. THE DRIVE IS NOT A RACE. Participant must NOT compete in any manner with other participants. Participant must NOT place any bets of any kind in relation to the Event. Participant must drive safely and with proper courtesy to all other participants and members of the public. Participant must NOT drive if their ability to do so safely and properly is in any way compromised by illness, lack of adequate rest, intoxication (medical or otherwise), influence of illegal substances, or any other condition that will put Participant, and their surrounding Event participants, general driving public, pedestrians, and any other persons or property at risk in any way whatsoever.
Participant certifies to being physically fit, have sufficiently prepared or trained for participation in the Event, and have not been advised to not participate by a qualified medical professional. Participant certifies that there are no health-related reasons or problems which precludes participation in this activity.
Participant acknowledges that the Event may involve a test of a person's physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the activity. These risks are not only inherent to participants, but are also present for volunteers.
Participant consents to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during the Event.
Participant assumes all of the risks of participating in any / all activities associated with the Event, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
Participant MUST comply with all applicable laws and regulations of the City, County, State and Country in which they are present at any given time during the Event, including but not limited to all speed regulations, laws of the road, laws relating to the safety of their vehicle and operation of their vehicle, laws relating to registration of their vehicle, laws relating to their personal license to operate a vehicle, insurance laws relating to their operation of their vehicle, and laws relating to the possession or use of alcohol, drugs or other prohibited substances. NorCal Lamborghini Club America reserves the right to prohibit you from participating further in the Event for any single violation of the foregoing or of any terms and conditions contained herein.
Participant shall obtain and maintain appropriate insurance covering their participation in the Event and shall provide proof of such insurance in a form satisfactory to NorCal Lamborghini Club America should they request such documentation. Appropriate insurance includes, without limitation, third party liability, liability coverage, medical insurance, damage to property and life insurance, and insurance covering Participant vehicle's participation in the Event.
Participant must hold a current, valid and unrestricted driver's license valid in the United States and must present it to NorCal Lamborghini Club America upon request.
Participant must be completely sober while operating any motor vehicle. Each Participant must NOT consume alcohol while driving nor drive under the influence of alcohol or any other intoxicating substance at any time.
NorCal Lamborghini Club America is not responsible if it cannot fulfill its obligations due to fire, earthquake, epidemic disease, cyclone, flood, aridity, strike, lightning, revolution, terrorist activities and similar troubles, and in other cases generally accepted as Force Majeure under the statutes and case law of the State of California.
Participant agrees to have the NorCal Lamborghini Club America logo and any other logos designated by NorCal Lamborghini Club America, including but not limited to official Event Sponsors, attached to Participant's vehicle during the entire Event.
Participant may not obscure or alter such logos and must keep them clean and readily visible at all times during the Event. Such logos will be easily removable without damaging vehicle finishes. NorCal Lamborghini Club America will therefore not be responsible for claims of damage to vehicle finishes as a result of the application or removal of such logos.
Personal sponsorship for Participant's vehicle or Participant's clothing is only permitted with the prior written consent of NorCal Lamborghini Club America, which may be withheld in the sole discretion of NorCal Lamborghini Club America. NorCal Lamborghini Club America reserves the right to refuse unauthorized sponsored vehicles from participating in the Event.
Participant must immediately tender payment of the Entry Fee, or risk losing Participant's place in the Event. Once a Participant has tendered the Entry Fee, said Entry Fee is non-refundable and will not be returned under any circumstances, including but not limited to Participant's inability to participate for any reason.
After the commencement of the Event, NorCal Lamborghini Club America will NOT make any refund of the Entry Fee or pay compensation to you if you are unable to continue in the Event for any reason whatsoever. Although all vehicles have sufficient time to arrive at each destination, the route of the Event can be demanding. If Participant does not manage to complete any part of the route and is unable to take part in planned activities, Participant will NOT be entitled to any refund of the Entry Fee whatsoever.
NorCal Lamborghini Club America reserves the right to refuse participation in or to cancel the Event at any time for any reason whatsoever. In case of the cancellation of the Event or the refusal to allow Participant to participate, no refunds of the Entry Fee will be made.
By participating in the Event, Participant and Participant's vehicle consents to be photographed and to be included in the filming of footage documenting the Event. Participant hereby waives any and all rights of publicity or privacy and grants NorCal Lamborghini Club America full and complete permission to utilize and exploit Participant's appearance in the Event in any and all manner and media throughout the world in perpetuity. Participant further agrees that NorCal Lamborghini Club America has the sole discretion to use or refuse to use any photographs or footage in which Participant appears, and that if NorCal Lamborghini Club America does use such photographs or footage, it may be edited at NorCal Lamborghini Club America’s sole discretion. Participant consents to the use of their name, image, likeness, voice and biographical material in connection with any and all footage, publicity and related promotional material and for any and all publicity and promotional purposes, with the understanding that NorCal Lamborghini Club America will do its best to accommodate all requests for privacy received from our Event's participants. Participant expressly releases NorCal Lamborghini Club America from and against any and all claims which Participant has 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. Participant understands and accepts that there will be no financial compensation for any photographs, video image or film likeness of Participant or Participant's vehicle.
NorCal Lamborghini Club America reserves the right to change these terms and conditions from time to time subject to notifying Participants of the changes. Participant shall be deemed to have accepted the amended terms and conditions by participating in the Event.
These terms and conditions, this agreement and Participant's participation in the Event shall be governed in accordance with the laws of the State of California, and Participant submits to the jurisdiction of the Courts of the State of California, exclusively. By completing the registration form, participating in the Event, and accepting these terms and conditions, Participant is entering into a legally binding agreement with NorCal Lamborghini Club America to participate in the Event on these terms and conditions.
Participant understands that while NorCal Lamborghini Club America will endeavor to keep Participant's personal information secure, NorCal Lamborghini Club America does not accept any responsibility should loss or theft of this information occur. Participant consents to their personal details being passed on to other third parties that NorCal Lamborghini Club America deems appropriate.
As consideration for being a participant in the Event, Participant, for themselves, their heirs, personal representatives, assigns and passengers, forever releases, waives, discharges and covenants not to sue NorCal Lamborghini Club America, nor any Sponsor, nor any director, officer, employee, volunteer, agent, contractor, attorney, or representative of either NorCal Lamborghini Club America or of any Sponsor, from any and all actions, claims, or demands that they, their heirs, personal representatives, assigns or passengers now have, or may have in the future, for injury, death, or property damage, related to their participation in the Event.
Participant takes action for themselves, their executors, administrators, heirs, next of kin, successors, and assigns as follows: (A) PARTICIPANT WAIVES, RELEASES, AND DISCHARGES from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for Participant's death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to Participant including Participant traveling to and from the Event, THE FOLLOWING ENTITIES OR PERSONS: NorCal Lamborghini Club America, LLC (NorCal Lamborghini Club America) and/or their directors, officers, employees, volunteers, representatives, and agents, and the activity holders, sponsors, and volunteers; (B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this Event, whether caused by the negligence of release or otherwise. Participant agrees to INDEMNIFY AND HOLD HARMLESS NorCal Lamborghini Club America and all Sponsors from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of their participation in the Event and agrees to reimburse NorCal Lamborghini Club America and any Sponsor for any such expenses incurred.
NorCal Lamborghini Club America, and its members, employees, consultants, volunteers, agents, staff, assigns, and attorneys accept no responsibility for and shall not be liable to any Participant for the consequences of a Participant's actions or omissions in participating in the Event, including but not limited to being cited, charged, prosecuted, or prohibited from participation arising from the improper conduct of a Participant at any location, stop, facility, establishment, public road, or any other place a Participant is present during the Event.
Participant expressly agrees that the foregoing Agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion of this Agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect.
PARTICIPANT IS AWARE THAT OPERATING A VEHICLE WHILE PARTICIPATING IN THE EVENT IS A HAZARDOUS ACTIVITY, AND THAT THEY COULD BE SERIOUSLY INJURED OR EVEN KILLED, AND THAT SERIOUS INJURY OR DEATH COULD BE CAUSED TO ANY PASSENGER IN THE VEHICLE OR TO ANY OTHER THIRD PARTY. THEY ARE VOLUNTARILY PARTICIPATING IN THE EVENT WITH KNOWLEDGE OF THE DANGER INVOLVED, AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH AND/OR PROPERTY DAMAGE, TO THEMSELVES OR OTHERS, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN.
Participant verifies the above assumption of risk statement by placing their name and initials here:
PARTICIPANT HAS CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTANDS ITS TERMS AND UNDERSTANDS THAT THEY ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. THEY ACKNOWLEDGE THAT THEY ARE ENTERING THIS AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY THEIR SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE AND WAIVER OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. *
I certify that I have read and understand ALL of the above, and acknowledge and agree to all terms and conditions.