ANY PERSON TRAVELING IN A RUNBALL RALLY VEHICLE MUST SIGN THIS AGREEMENT.
BY COMPLETING THIS APPLICATION AND PARTICIPATING IN THE RUNBALL RALLY, YOU (A) ACKNOWLEDGE AND AGREE TO ALL TERMS AND CONDITIONED CONTAINED HEREIN; and (B) AGREE TO TENDER PAYMENT OF THE ENTIRE REGISTRATION FEE (ALL ENTRY FEE PAYMENTS ARE FINAL AND NON-REFUNDABLE).
1. GENERAL INFORMATION
1.1 The Runball Rally (the “Event”) is not a race or a competition or a timed-event.
1.2 You must not compete in any manner with other participants. You must not place any bets of any kind in relation to the Rally. You must drive safely in accordance with all road laws in each country and with proper courtesy to all other participants and members of the public. In particular, you must not drive recklessly. If you are seen driving recklessly or otherwise not in compliance with all Applicable Laws (see section 3 below) by the Organiser, its employees, nominees or other Participants you will be removed and prohibited from taking any further part in the Event.
You must not drive if your ability to do so safely and properly is in any way compromised by illness, lack of adequate rest, medically intoxicated, under the influence of illegal substances or any other condition that will put you and your surrounding Rally participants, general driving public, pedestrians, and any other persons or property at risk in any way whatsoever.
3.1 Any participant/pilot or passenger/copilot in a Rally vehicle must be over 18 years of age for Europe and Australia and 21 years of age for the USA. 3.2 All drivers must be over 18 with a full license.
You must comply with all applicable laws and regulations of the City, County, State and Country in which you are present at any given time during the Rally, including but not limited to all speed regulations, laws of the road, laws relating to the safety of your vehicle and operation of your vehicle, laws relating to registration of your vehicle, laws relating to your personal license to operate a vehicle, insurance laws relating to your operation of your vehicle, and laws relating to the possession or use of alcohol, drugs or other prohibited substances. The Organiser reserves the right to prohibit you from participating further in the Rally for any single violation of the foregoing or of any terms and conditions contained herein.
5. TYPE OF CARS
The Rally is open to all models, makes, and years of vehicles. However, the majority at Runball are vehicles that are in the niche of “Luxury, Sports, Classic & Exotic” cars. We are looking for a diverse, unique collection of high-end vehicles. Entry is based on a strictly first-come, first-served, policy. To make sure your experience runs as smoothly as possible, Runball will never accept more than 130 cars.
Runball Rally and its members, staff, agents, employees, consultants, assign, and attorneys (collectively, “The Organiser”) 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 Rally, 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 in present during the Rally.
7.1 You must obtain and maintain appropriate insurance covering your participation in the Rally and shall provide proof of such insurance in a form satisfactory to the Organiser should they request such documentation. You agree to check with your insurance company before you enter any Runball event to ensure you are covered to participate. Appropriate insurance includes, without limitation:
third party liability, liability coverage for each Participant, medical insurance, damage to property and life insurance, and insurance covering Participant vehicle’s participation in the Rally.
7.2 During the event, the Organiser may at certain times take control and possession of your vehicle including without limitation for the purpose of applying decals to your vehicle, transporting or storing your vehicle, public displays, pre-Event preparation and in between day ‘stages’ of the Event.
8. LICENSE AND PASSPORT
You must hold a current, valid and unrestricted driver’s license that will be accepted in any and all countries and a current and valid passport together with the relevant visa(s) for each country visited on the Event during the route. It is your own responsibility to ensure you are in possession of the correct documents you may require for the Event.
9. INTOXICATING SUBSTANCES
9.1 You must be completely sober while operating any motor vehicle. 9.2 You must NOT consume alcohol while driving nor drive under the influence of alcohol or any other intoxicating substance at any time. If the Organiser finds you to be under the influence of alcohol or any other intoxicating substances whilst driving or attempting to drive the Organiser reserves the right to prohibit you from participating further in the Event. 9.3 There will be routine breathalyzer checks on participants. The Organiser reserves the right to prohibit you from participating further in the Event if you refuse a breathalyzer check.
You will indemnify the Organiser against any and all claims, lawsuits or causes of action of any kind arising from the Rally and brought by any third party as a result of Participant’s actions, omissions or participation in the Rally, including but not limited to Participants violation of any Federal, State, County or City laws, ordinances or regulations, or Participant’s breach of any terms and conditions contained herein.
10. ENTRY FEE
10.1 Once accepted to participate in the Rally, you must immediately tender payment of the Team deposit in the amount of € 500,- incl. VAT or risk losing Participant’s place in the Rally. The remaining payment of the entry fee balance is due two months prior to the commencement of the event.
10.2 You are responsible for paying the Entry Fee, plus any additional fees or fines which may arise and the fees for any additional co-driver in your vehicle. Any Unauthorised Participants in your car who are identified as not paying the correct Entry Fees will be removed from the Event (see section 11).
10.3 Participation in the Event is only confirmed once the Entry Fee has been received and confirmed by the Organiser. Until such time, no places or team numbers are confirmed and any invoiced and unconfirmed spaces can and will be sold to the waiting list.
11.1 If you have to withdraw from the event for any reason you should notify the Organiser immediately.
11.2 You agree from the date your Deposit and Entry Fee is received by the Organiser any or part of the Entry Fee you have paid will be non-refundable under any circumstances, including but not limited to Participant’s inability to participate for any reason.
11.3 The Organiser reserves the right to amend the advertised route at any stage. All Entrants will be notified of any changes in this instance.
11.4 After the commencement of the Rally, the Organiser will NOT make any refund of the entry fee or pay compensation to you if you are unable to continue in the Rally for any reason whatsoever. Although all vehicles have sufficient time to arrive at each destination, the route of the Rally is demanding. If you don’t manage to complete any part of the route and are unable to stay at the provided venues, you will NOT be entitled to any refund of the entry fee whatsoever.
The Organiser reserves the right to refuse your entry or participation prior to and during the event at any time and for any reason whatsoever (without being obliged to disclose the reason). In case of the cancellation of the Event or the refusal to allow you to participate further, you will not be entitled to any refund of the entry fee whatsoever.
13. TRANSFERAL OF ENTRY FEE
13.1 Once the Entry Fee has been paid this fee is non-transferable to any other future Events or as any part payment of any future events held by the Organiser. 13.2 If you want to transfer your place to another individual, then you must inform the Organiser in writing before two months ahead of the Event. The Organiser reserves the right to approve the proposed transferee.
14. UNAUTHORIZED PARTICIPANTS
14.1 To participate in the Event you must pay the Entry Fee. 14.2 Unauthorized Participants are individuals who have not paid the Entry Fee and are therefore not either the named driver or co-driver and subsequently are not recognized or accredited Participants of the Event. 14.3 Any unauthorized individual and / or unauthorized participants, without exception, seen to be participating in the Event in any way will be charged immediately for their participation by the Organisers. If an Unauthorised Participant has been introduced by you the charge will be payable by you. 14.4 For the avoidance of doubt, a Participant cannot invite an individual to participate in the Event unless they are the named driver or co-driver recognized by the Organiser. 14.5 For the avoidance of doubt, participating in the Event includes but is not limited to: being a passenger in or driving a participating car for any part or any stage of the Event when you are not registered as a driver or co- driver on the Event; being inside the car displays without accreditation provided by the Organiser; attending any dinners or events inside the Runball Hotels or at any other location where a Runball dinner or event is hosted; attending the Runball checkpoints; attending Runball parties where they are not named on the guest list; attending Drivers Briefing, Drivers Registration or any other occasion hosted during then Event.
15. PERSONAL FILMING
15.1 You are only entitled to take photographs and film footage of Participant’s participation in the Rally for non-commercial purposes (that is for personal and private use only). 15.2 You are not entitled to reproduce or use photographs or footage of the Rally on any website, social media platform, in any printed media or matter or in any television program without first obtaining the prior written consent of the Organiser. 15.3 You hereby agree to assign (by way of present assignment of future copyright) all of Participant’s right, title and interest in the worldwide copyright and all intellectual property rights in such photographs or footage in perpetuity together with exclusive world-wide rights of exploitation thereof to the Organiser and deliver to the Organiser within 30 days of the end of the Rally, at no cost to the Organiser, a tape in any format of all the footage originated by Participant at the Rally and copies of all photographs taken at the Rally. 15.4 In all circumstances (both commercial and non-commercial) you agree not to photograph, record, reproduce, publicize digitally or in printed media any road traffic accidents, which may occur during the Event.
16. IMAGE RIGHTS
16.1 By participating in the Event you consent to be photographed and to be included in the filming of footage documenting the Event. 16.2 You hereby waive any and all rights of publicity or privacy and grant the Organiser a royalty-free license to utilize and exploit your appearance in the Event in any and all manner and media throughout the world in perpetuity. 16.3 You further agree that the Organiser has the sole discretion to use or refuse to use any photographs or footage in which you appear and that if the Organiser does use such photographs or footage, it may be edited at the Organiser’s sole discretion. 16.4 You consent to the use of your name, image, likeness, voice and biographical material about you in connection with any and all footage, publicity and related promotional material and for any and all publicity and promotional purposes. 16.5 You expressly release the Organiser, its directors, officers, agents, employees, consultants, licensees and assignees from and against any and all claims which 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.
17. MEDIA APPEARANCES
17.1 You shall not be entitled to arrange or conduct any media appearances or make statements to the press relating to your participation in the Event without obtaining the prior written consent of the Organiser. 17.2 In the event that any press statements or media appearances are issued or required in any way in connection with your participation in the Event, you will cooperate fully with the Organiser in such activities.
18. 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.
19. HOTEL ROOMS
19.1 Included in your Entry Fee you will receive one hotel room at each overnight hotel location (“Runball Hotels”) on the Event. 19.2 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 then you may purchase an additional room from the Organiser.
20.1 You must comply with all applicable laws and regulations of the country and/or states in which you are traveling (“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 Organiser 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. 20.2 You must participate in the Event in the vehicle you stated when completing the Entry Form. You will only be able to participate in another vehicle subject to the Organiser’s consent (which it is entitled to withhold in its absolute discretion). If the Organiser does not consent to you participating in a vehicle other than the one stated in the entry form, you shall be refused access to further participating in the Event (and you shall not be entitled to a refund of your Entry Fee). 20.3 The person(s) entering the Event and named on the Entry Form must participate in the Event. If for whatever reason you are unable to participate, your entry place is not transferable but you may transfer your place to another individual as outlined in section 13.
21.1 The Organiser accepts no responsibility or liability for (a) the consequences of you being refused passage and/or entry/exit to or from any country visited en route or (b) any damage that may be caused to your vehicle or damage to or loss of contents in the vehicle when taking temporary control of it pursuant to paragraph 7.2. 21.2 Any additional costs incurred on the Event are your own responsibility and the Organiser reserves the right to recover any fees incurred arising out of your actions. 21.3 You must provide vehicle registration plates for both the front and rear of your vehicle. Failure to do so may prevent access to a country. It is your responsibility to ensure that you and your vehicle are compliant with locally applicable laws along the route (including limit weight, width, lighting and visibility). All drivers must carry their full driving license, vehicle registration documents which are relevant to the country of registration, proof of vehicle tax and insurance and any necessary certificates and/or consents for use of the vehicle on public roads within the country of registration (where relevant). All information that the Organiser requests from you in relation to your own personal details and those of your vehicle must be accurate and complete in all material respects and you warrant to the Organiser that all information which you provide is true and accurate to the best of your knowledge.
It is a condition of your entry to the Event that you agree to indemnify the Organiser, 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 Organiser 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.
23. FORCE MAJEURE
23.1 The Organiser, its directors, employees, sponsors, advisors, agents, and consultants are not responsible if they cannot fulfill their obligations resulting from this contract (including without limit the holding of the Event or any part of it) in cases of fire, earthquake, epidemic diseases announced by the World Health Organisation, 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. 23.2 The Organiser 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 Organiser 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 Organiser will have no liability, in particular, and without limitation, to refund the Entry fee or any part of it to any Participant.
24.1 You agree to have the official decal pack applied to your vehicle by Organiser’s nominees and to maintain them on your vehicle during the entire Event. This consists of the Runball Rally logo and all official partners and sponsors names and logos as well as your allocated team number. 24.2 You shall not deface, cover-up or otherwise obscure such stickers and shall use all reasonable endeavors to keep them visible at all times. Stickers are not permanent and easily removable without damaging vehicle finishes. The Organiser will therefore not be responsible for claims for damage to vehicle finishes as a result of the application or removal of such stickers. 24.3 You shall not be entitled to use any of the Organiser’s, partners’ or sponsors’ logos, trademarks or name for any purpose whatsoever. In particular, you shall not be entitled to use the Runball Rally logo or name on any website or in printed materials. 24.4 The Organiser shall not be responsible for any damage caused to your vehicle during the application or removal of the official decal pack. Any issues should be discussed directly with the company responsible for the application or removal.
25. PERSONAL SPONSORSHIP
25.1 Personal sponsorship for your vehicle is only permitted if you obtain the Organiser’s prior written consent at least 30 days prior to the commencement of the Event. 25.2 Subject to obtaining the Organiser’s prior written consent as to the identity of your personal sponsor(s) (up to a maximum of two (2) personal sponsors), you will be entitled to place your own sponsors/sponsors names, marks and/or logos in two (2) designated positions only on your vehicle provided that your sponsor/sponsors does not / do not, in the Organiser’s opinion and at its sole discretion, compete or conflict with the Event’s Official sponsors. 25.3 The Organiser will determine the location and size of your sponsor/sponsor’s names, marks and/or logos on your vehicle and this will be communicated to you in advance of the event. If you wish to place your own sponsors/sponsors names, marks and/or logos on your vehicle you should submit a written request (to the Organiser) for permission to do so. Personal logos are to be produced at the cost of the Participant and applied in the designated areas only after the official decal pack has been applied
26. UNAUTHORIZED SPONSORSHIP
26.1 If you arrive at or attempt to participate in the Event with your vehicle, support vehicle displaying the branding of a sponsor that has not been authorized by the Organiser, you will be required at your own cost to remove such branding from your vehicle, failing which you shall be refused access to and participation in the Event (and you shall not be entitled to a refund of your Entry Fee). 26.2 All unapproved branding will be removed immediately by the Organiser without question or notification.
27.1 You must conduct yourself appropriately at all times and abide by all the rules of the hotels and other venues used during the Event. 27.2 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.
28. COPYING THE EVENT
By signing below, you agree that you will not organize, invest in or fund a rally or similar event which attempts to replicate the Event or any of its unique features, activities, and components or which seeks to benefit in any way from the Organiser’s branding or goodwill. Doing so will result in legal action by the Organiser and you hereby agree to remain liable for any and all costs incurred by the Organiser on a full indemnity basis.
29. VIOLATION OF TERMS
If you violate any of the above terms and conditions or refuse to follow the instructions given to you during the Event by the Organiser or any of its employees or nominees, you may be prohibited from further participation in the Event.
30. 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 from.
You agree to keep confidential, and not disclose to any third party, details of any incidents that occur during the Event including, without limitation any and all details of any road traffic accidents that may occur during the Event. You understand that while the Organiser will endeavor to keep your personal information secure, the Organiser does not accept any responsibility should loss or theft of this information occur.
32. BELGIUM LAW
These terms and conditions, this Agreement and your participation in the Rally shall be governed in accordance with the laws of Belgium, and Participant our participation and Participant submits to the jurisdiction of Antwerp, exclusively. By completing the entry form, participating in the Rally, and accepting these terms and conditions, you are entering into a legally binding agreement with Runball Rally to participate in the Rally on these terms and conditions.
33. CHANGE OF TERMS
33.1 The Organiser reserves the right to change these terms and conditions from time to time subject to notifying you of the changes. 33.2 You shall be deemed to have accepted the amended terms and conditions by participating in the Event and/or by signing above.
Release and Waiver of Responsibility
1. RISK ASSOCIATED WITH PARTICIPATION
I acknowledge and accept that participation in an event such as the Runball Rally (the “Event”) is potentially dangerous and that there are numerous risks associated with my participation. Such risks and dangers include, but are not limited to, traffic accidents, collisions with pedestrians, vehicles, other drivers, and/or fixed or moving objects, and the negligence of other drivers. Further, I fully understand and accept that my participation in the Event may result in serious bodily injury and/or death to myself or others. I further realize and understand that the route of the Event will require driving on public roadways upon which the hazards of traveling are to be expected. Further, I realize that participation in the Event will require strenuous physical exertion as participants will be required to drive for very long periods of time over several days, including the risk of driving through inclement weather.
2. ASSUMPTION OF THE RISKS
With full knowledge and understanding of the risks associated with participation in the Rally, the Participant enters the Rally voluntarily and fully accepts and assumes every such risk for loss, damage, or injury (including death).
3. COMPLIANCE WITH THE TERMS AND CONDITIONS ENTRY
I agree to comply with all the Event’s terms and conditions of entry. I acknowledge and understand that the Organiser of the Event will use reasonable efforts to ensure that all other participants abide by the terms and conditions of entry, but that it cannot guarantee that the participants will abide by these terms and conditions.
4. RELEASE OF LIABILITY
In consideration for being permitted to participate in the Event, I hereby waive, release, and forever discharge, for myself, my heirs, executors, administrators and legal representatives, any and all rights and/or claims which I have, may have, or may hereafter accrue to me against the Organiser, its officers, directors, employees, consultants, agents and event sponsors for any and all damages, personal injuries (including death), and/or claims which may be sustained by me or my vehicle directly or indirectly arising out of my participation in the Event (including the application of emergency or medical services at the Event) even if the damages, injuries (including death), and/or claims are caused by the negligence of those persons listed above or otherwise (including out of the transportation of my vehicle by air arranged by the Organiser) save that nothing in these Terms and Conditions shall be construed as excluding or limiting the Organiser’s liability for personal injury or death arising from its negligence or the negligence of persons under its control. Further, I covenant not to sue the Organiser, its officers, directors, employees, consultants, agents and Event sponsors for any and all damages, personal injuries (including death), and/or claims which may be sustained by me directly or indirectly arising out of my participation in the Event. This release and discharge 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 legally recognizable claim arising out of my participation in the Event (including all legal costs associated with such claims).
I hereby agree to release, defend, indemnify, and hold harmless the Organiser, its officers, directors, employees, consultants, agents, Event sponsors and licensees and assigns from and against any and all claims, demands, damages, suits, liabilities or actions arising directly or indirectly out of my actions or otherwise from my participation in the Event whether made or claimed during or after the Event, including all associated costs and expenses and any amounts which the Organiser may pay as a settlement or compromise of any such claims or liabilities. I have read this Waiver, fully understand its terms, and understand that I have given up substantial rights by signing it. I have done so freely and without inducement, coercion, or duress. I intend this Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. I agree that, if any portion of this Waiver is held to be invalid, the balance of the Waiver shall continue in full force and effect. Please note that by completing the entry form and accepting these terms and conditions, you are concluding a legally binding agreement with us to participate in the Event on these terms and conditions.
By making payment and by booking your place, you accept and acknowledge that:
a. You have read and fully understand the Terms and Conditions contained within this Agreement; b. You agree and abide to the Terms and Conditions contained within this Agreement; c. You have read, fully understand and accept the terms of the Waiver; d. You acknowledge and accept that you have had the opportunity to take independent legal advice
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