TERMS, CONDITIONS, ACCIDENT WAIVER & RELEASE OF LIABILITY
TERMS, CONDITIONS, ACCIDENT WAIVER & RELEASE OF LIABILITY
NORCAL LAMBORGHINI CLUB AMERICA, LLC ( ALSO DOING BUSINESS AS NORCAL LCA, SOCAL LAMBORGHINI CLUB AMERICA, SOCAL LCA) - TO BE REFERENCED THROUGHOUT THIS AGREEMENT AS ("THE LAMBO CLUB")
TERMS AND CONDITIONS OF REGISTRATION AND PARTICIPATION*
ANY PERSON TRAVELING AND PARTICIPATING IN A NORCAL LAMBORGHINI CLUB AMERICA, LLC EVENT MUST SIGN THIS AGREEMENT. BY COMPLETING THIS REGISTRATION AND PARTICIPATING IN A NORCAL LAMBORGHINI CLUB AMERICA, LLC 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, LLC event (“the Event”). The Event is organized by NorCal Lamborghini Club America, LLC, a California limited liability company, (“The Lambo Club”) 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 one hundred (100) 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. The Lambo Club 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 The Lambo Club 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 The Lambo Club 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.
The Lambo Club 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 Lambo Club logo and any other logos designated by NorCal Lamborghini Club America LLC, 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. The Lambo Club 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 The Lambo Club, which may be withheld in the sole discretion of The Lambo Club. The Lambo Club 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, The Lambo Club 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.
The Lambo Club 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 The Lambo Club 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 The Lambo Club has the sole discretion to use or refuse to use any photographs or footage in which Participant appears, and that if The Lambo Club does use such photographs or footage, it may be edited at The Lambo Club'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 The Lambo Club will do its best to accommodate all requests for privacy received from our Event's participants. Participant expressly releases The Lambo Club 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. The Lambo Club 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 The Lambo Club to participate in the Event on these terms and conditions.
Participant understands that while The Lambo Club will endeavor to keep Participant's personal information secure, The Lambo Club 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 The Lambo Club 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, LLC, nor any Sponsor, nor any director, officer, employee, volunteer, agent, contractor, attorney, or representative of either NorCal Lamborghini Club America,LLC 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 ("The Lambo Club") 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 The Lambo Club 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 The Lambo Club and any Sponsor for any such expenses incurred.
The Lambo Club, 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.
Assumption of COVID-19 Risks. Participant understands that while The Lambo Club has undertaken reasonable steps to lessen the risk of transmission of COVID-19 in connection with the Event, The Lambo Club is not responsible in any manner for any risks related to COVID-19 in connection with the Event. Participant understands that the World Health Organization has classified the COVID-19 outbreak as a pandemic. Participant further understands that COVID-19 is a highly contagious and dangerous disease, and that contact with the virus that causes COVID-19 may result in significant personal injury or death. Participant is fully aware that participation in the Event (including any related travel) carries with it certain inherent risks related to COVID-19 transmission (“Inherent Risks”) that cannot be eliminated regardless of the care taken to avoid such risks. Inherent Risks may include, but are not limited to, (1) the risk of coming into close contact with individuals or objects that may be carrying COVID-19; (2) the risk of transmitting or contracting COVID-19, directly or indirectly, to or from other individuals; and (3) injuries and complications ranging in severity from minor to catastrophic, including death, resulting directly or indirectly from COVID-19 or the treatment thereof. Further, Participant understands that the risks of COVID-19 are not fully understood, and that contact with, or transmission of, COVID-19 may result in risks including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable, and all of which are to be considered Inherent Risks. Participant hereby voluntarily accepts and assumes all risk of loss, personal injury, sickness, death, damage, and expense arising from such Inherent Risks. Furthermore, Participant represents and warrants that Participant does not suffer from any medical condition or disease that might in any way hinder or prevent Participant from participating in the Event, including, to my knowledge, COVID-19. This Agreement shall be binding on my heirs, executors, administrators, successors, and assigns. I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by applicable laws, and that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. This Agreement contains the entire understanding of the parties relating to the subject matter, and shall not be altered, modified, amended, waived or supplemented in any manner whatsoever except by a written agreement signed by both parties hereto or their duly authorized representatives. To the maximum extent permitted by applicable law, Participant (a) covenant and agree not to elect a trial by jury with respect to any issue arising out of this Agreement or the Event that is triable of right by a jury, and (b) waive any right to trial by jury with respect to such issue to the extent that any such right exists now or in the future. This waiver of right to trial by jury is given knowingly and voluntarily.
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 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. *