ANY PERSON (DRIVER AND/OR CO-DRIVER) TRAVELING IN A RUNBALL RALLY VEHICLE MUST SIGN THIS AGREEMENT.
BY COMPLETING AND SIGNING 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).
I. GENERAL INFORMATION
1. RUNBALL RALLY
1.1 The Runball Rally (the “Rally”) is not a race or a competition or a timed event.
1.2 You must not compete in any manner with other participants. Placing any bets of any kind in relation to the Rally is prohibited. 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 4 below) by the Organiser, its employees, nominees or other Participants you will be removed and prohibited from taking any further part in the Rally.
1.3 Your participation in the Rally 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 Rally Organisers. If you do not agree with any part of these Terms and Conditions you should not participate in the Rally.
2.1 TYPES 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.
2.2. MAXIMUM NUMBER OF CARS.
To make sure your experience runs as smoothly as possible, the Organiser will not accept more than 180 participating cars.
2.3. FIRST COME, FIRST SERVE.
First come, first serve. Upon registration of your participation and acceptance of these Terms of Entry, you will receive a payment invitation from the Organizer. Your place is reserved until payment of the Deposit. The Deposit can be paid immediately upon registration (online payment) or can be made by wire transfer on the bank account mentioned on the payment invitation; in case of wire transfer, payment should be made within seven (7) calendar days as of the payment invitation. If payment of the Deposit is not received within such a seven (7) days period, your reservation expires and your place will be allocated to the next registering Participant.
2.4.1. A Participant is a driver or co-driver complying with the minimum requirements set forth in Section II below (“Minimum Requirements for Participation”).
2.4.2. A Participant cannot invite an individual to participate in the Rally unless they are the named driver or co-driver recognized by the Organiser.
2.4.3 Each driver and co-driver having paid the (entry) fees and having accepted the Terms and Conditions of Entry is considered to be a Participant.
Accordingly, in the following situations you do not qualify as an approved Participant in the Rally:
– Being a passenger in or driving in a participating car (even if only for a part of the Rally) when you are not registered as driver or co-driver;
– Being inside the car displays without accreditation provided by the Organiser;
– Without being named on the guest list: i) attending dinners or events at Runball Hotels or at any other location where a Runball dinner or event is hosted, ii) attending Runball checkpoints, iii) attending Runball parties, iv) attending drivers’ briefings or registration.
Each Participant must participate in the Rally in the vehicle you stated defined when completing the Entry Form; participation in another vehicle shall be subject to the Organiser’s consent (which it is entitled to withhold in its absolute discretion). If the Organiser does not consent with participating in a vehicle other than the one stated in the entry form, further participating in the Rally shall be refused (and you shall not be entitled to a refund of your Entry Fee).
2.6 TRANSFER OF ENTRY FEE TO ANOTHER PARTICIPANT
The person(s) identified as the driver and/or co-driver(s) in the Entry Form must participate in the Rally. If for whatever reason a Participant is unable to participate, your entry place is not transferable unless approved in writing by the Organiser as outlined in Art.12.
II. MINIMUM REQUIREMENTS FOR PARTICIPATION
3.1 Any participant/driver 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 on the first day of the Rally in order to be able to participate.
3.2 All drivers must be over 18 with a full driver’s license (see Art. 5) for Europe and Australia and 21 years of age for the USA on the first day of the Rally in order to be able to participate.
4.1 COMPLIANCE WITH APPLICABLE LAW.
4.1.1 Participants must comply with all applicable laws and regulations of the City, County, State, and/or Country where the Rally in which you participate, is taking place, including without limitation 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 (“Applicable Laws”).
4.1.2 In case a Participant is found to be in breach of 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 Rally without being entitled to any refund.
4.2 SAFE DRIVING.
Participants are required to drive safely and with proper courtesy to all other participants and members of the public; reckless driving is prohibited. If you are seen driving recklessly or otherwise not in compliance with all Applicable Laws (Art. 4.1) by the Organiser, its employees, nominees, or other Participants the Organiser reserves the right at its sole discretion and without being subject to any appeal to prohibit you from participating further in the Rally without being entitled to any refund.
4.3 INTOXICATING SUBSTANCES.
4.3.1 You must be completely sober while operating any motor vehicle.
4.3.2 Alcohol consumption or the use of any other intoxicating substance while driving nor drive under the influence of alcohol or any other intoxicating substance at any time is prohibited.
In case a Participant is found 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 Rally without being entitled to any refund.
4.3.3 Participants acknowledge and agree that routine breathalyzer checks will be performed on Participants. The Organiser reserves the right to prohibit you from participating further in the Rally if you refuse a breathalyzer check.
4.4 ABILITY TO DRIVE.
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.
5. DRIVER’S LICENSE AND PASSPORT
Each participating driver must hold a current, valid and unrestricted driver’s license that will be accepted in any and all countries where a Rally in which the Participant takes place, is organized and a current and valid passport together with the relevant visa(s) for each country visited on the Rally during the route. It is your own responsibility to ensure you are in possession of the correct documents you may require for the Rally.
6. INSURANCE AND REGISTRATION PLATE
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 acknowledge and 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.
6.2 REGISTRATION PLATE.
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).
6.3 RELEVANT DOCUMENTS.
All drivers must carry their full driving license, vehicle registration documents that 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 a Participant in relation to your personal details and those of the vehicle must be accurate and complete in all material respects and each Participant warrant to the Organiser that all information which is provided is true and accurate.
6.4 CONTROL OVER VEHICLE BY ORGANISER
Participants acknowledge and agree that, during the Rally, the Organiser may at certain times take control 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 Rally.
7. UNAUTHORIZED PARTICIPANTS
7.1 Participation in the Rally is subject to payment of the fees defined in Section III of these T&C’s of Entry.
7.2 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 Rally.
7.3 Any unauthorized individual and/or unauthorized participants, without exception, seen to be participating in the Rally in any way will be charged immediately for their participation by the Organiser. If an Unauthorised Participant has been introduced by you the charge will be payable by you.
7.4 For the avoidance of doubt, a Participant cannot invite an individual to participate in the Rally unless they are the named driver or co-driver recognized by the Organiser.
7.5 For the avoidance of doubt, participating in the Rally includes but is not limited to: being a passenger in or driving a participating car for any part or any stage of the Rally when you are not registered as a driver or co-driver on the Rally; 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 the Rally.
8. DEPOSIT AND ENTRY FEE
8.1 The amount of the entry fee is stipulated on the website www.runballrally.com (“Entry Fee”).
8.2 Once accepted to participate in the Rally, a Team deposit in the amount of (EUR) € 2500,- (excl. VAT) (“Deposit”) will be invoiced by the Organiser. Payment of the Deposit shall be due as required pursuant to the provisions of art. 2.3.
8.3 The balance of the Entry Fee is due and payable six (6) months prior to the date of the Rally and can only be paid in EURO. Participants will receive an electronic payment invitation for the payment of the balance. Payment term of the balance is thirty (30) calendar days.
Entry Fees for late registrations (i.e. registrations for participation made less than five (5) months before the date on which the Rally takes place) shall require immediate payment.
8.4 The Entry Fee is due by each Participant (i.e. for each driver and co-driver) but are invoiced per team (i.e. one invoice per team of driver and co-driver), plus any additional fees or fines that 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 Rally (see Art. 7).
8.5 Participation in the Rally is only confirmed once the Entry Fee has been fully 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.
9. PERSONAL ACQUISITIONS
Other than the hotel fees defined in Art. 10 below, the Entry Fee 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.
10. HOTEL ROOMS
10.1 One hotel room for each overnight location (“Runball Hotels”) during the Rally is included in the Entry Fee. All hotel rooms will consist of either a double bed or twin beds for the driver and co-driver to share. If you do not wish to share a room with your co-driver, an additional room can be purchased from the Organiser; such fee shall not be included in the Entry Fee.
10.2 You must conduct yourself appropriately at all times and abide by all the rules of the hotels and other venues used during the Rally.
10.3 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.
11. NO REFUND
11.1 You acknowledge and agree that from the date your Entry Fee (including the Deposit) is received by the Organiser any or part of the Entry Fee you have paid this fee is, in any case, NON-REFUNDABLE under any circumstances, including but not limited to irrespective of your withdrawal prior or during the Rally, Participant’s inability to participate for any reason, cancellation of (your participation in) the Rally. For the avoidance of doubt: the Organiser will neither make any refund of the Entry Fee or pay any compensation if you are unable to continue in the Rally for any reason whatsoever nor if you don’t manage to complete any part of the route and are unable to stay at the provided venues.
11.2 In case of the cancellation of the Rally by the Organiser, you will not be entitled to any refund of the Entry Fee.
11.3 The Entry Fee is NON-TRANSFERABLE to any other future Rallies or as any part payment of any future rallies held by the Organiser. However, the Entry Fee can be transferred to another individual in case you cannot participate provided that you must inform the Organiser in writing two (2) months ahead of the Rally. The Organiser reserves the right to approve the proposed transferee.
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.
11.5 The Organiser reserves the right to amend the advertised route at any stage. All Participants will be notified of any changes in this instance.
12. TRANSFER OF (ENTRY) FEE
If you want to transfer your place to another individual, then you must inform the Organiser in writing two (2) months ahead of the Rally. The Organiser reserves the right to approve the proposed transferee.
13. WITHDRAWAL OR EARLY TERMINATION OF PARTICIPATION
13.1 The Organiser reserves the right to refuse a Participant’s participation prior to and during the Rally at any time and for any reason whatsoever (without being obliged to disclose the reason). In case of the cancellation of the Rally or the refusal to allow you to participate further, you will not be entitled to any refund of the entry fee whatsoever.
13.2 If a Participant needs to withdraw from the Rally for any reason, he/she should notify the Organiser immediately.
IV. LIABILITY AND INDEMNIFICATION
14. LIABILITY ORGANISER
14.1 The Organiser does not accept any responsibility for and shall not be liable towards any Participant for (a) any damages resulting from 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 conduct of a Participant at any location, stop, facility, establishment, public road, or any other during the Rally), (b) the consequences of a Participant being refused passage and/or entry/exit to or from any country visited during the Rally, or, (c) 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 Art. 6.4.
14.2 Any additional costs incurred on the Rally are your own responsibility and the Organiser reserves the right to recover any fees incurred arising out of your actions.
14.3 The Organiser offers a luggage service whereby Participant’s luggage is transported by the Organiser from one-stop or venue during the Rally to the next stop or venue in the Rally. Participants acknowledge that this service is optional and payable in addition to the Entry Fee.
The Organiser, its officers, directors, employees, freelancers, volunteers, consultants, agents, and event sponsors do not assume any liability for any damages to or losses of the luggage. Each Participant shall fully indemnify and hold the Organiser, its officers, directors, employees, freelancers, volunteers, consultants, agents, and event sponsors harmless for any and all damages or resulting from fines imposed by customs or other authorities relating to illegal substances.
Each Participant will indemnify and hold the Organiser, its directors, officers, employees, agents, and consultants harmless against any and all claims, lawsuits, or causes of action of any kind brought by any third party as a result of Participant’s participation in the Rally, including but not limited to Participant’s violation of any applicable laws, ordinances or regulations, or Participant’s breach of these Terms & Conditions of Entry.
V. PICTURES AND VIDEOS
16. PICTURES AND VIDEOS MADE BY PARTICIPANTS
16.1 Each Participant is 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).
16.2 Each Participant shall not 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.
16.3 Each Participant agrees 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 taken during its participation in the Rally 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.
16.4 In all circumstances (both commercial and non-commercial), each Participant agrees not to photograph, record, reproduce, publicize digitally or in printed media any road traffic accidents, which may occur during the Rally.
17. PICTURES AND VIDEOS MADE BY THE ORGANISER
17.1 By participating in the Rally you consent to be photographed and to be included in the filming of footage documenting the Rally.
17.2 Each Participant acknowledges that the Organiser may take photographs and video footage documenting the Rally.
17.3 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 Rally in any and all manner and media throughout the world in perpetuity.
17.4 Each Participant acknowledges 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.
17.5 You consent with 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.
17.6 Each Participant expressly releases 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 resulting from Organiser’s rights under this Art.16.
18. MEDIA APPEARANCES
18.1 Each Participant agrees not to arrange or conduct any media appearances or make statements to the press relating to its participation in the Rally without obtaining the prior written consent of the Organiser.
18.2 In the event that any press statements or media appearances are issued or required in any way in connection with your participation in the Rally, you will cooperate fully with the Organiser in such activities.
VI. USE OF LOGOS AND SPONSORSHIP
19. LOGO’S AND PROMOTIONAL MATERIAL
19.1 Each Participant agrees to have the official decal pack applied on your participating vehicle by Organiser’s nominees and to maintain them on your vehicle during the entire Rally. This consists of the Runball Rally logo and all official partners and sponsors names and logos as well as your allocated team number.
19.2 Each Participant agrees not to 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.
19.3 Participants are not entitled to use any of the Organiser’s, partners’ or sponsors’ logos, trademarks or name for any purpose whatsoever.
19.4 In particular, each Participant shall not be entitled to use the Runball Rally logo or name on any website or in printed materials without first obtaining the prior written consent of the Organiser.
19.5 The Organiser, its directors, employees, and consultants 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.
20. PERSONAL SPONSORSHIP
20.1 Personal sponsorship for a Participant’s vehicle is only permitted upon obtaining Organiser’s prior written consent at least 30 days prior to the commencement of the Rally.
20.2 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), a Participant is entitled to place its own sponsors/sponsors names, marks and/or logos in two (2) designated positions only on your Participating 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 Rally’s Official sponsors.
20.3 The Organiser reserves the right to 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 rally. If you wish to place your own sponsors/sponsors names, marks and/or logos on your Participating 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.
21. UNAUTHORIZED SPONSORSHIP
21.1 If a Participant arrives at or attempts to participate in the Rally with a vehicle, support vehicle displaying the branding of a sponsor that has not been authorized by the Organiser, such Participant will be required at its own cost to remove such branding from the Participating vehicle, failing which shall cause refused access to and participate in the Rally (and you shall not be entitled to a refund of your Entry Fee).
21.2 All unapproved branding will be removed immediately by the Organiser without question or notification.
VII. EVENT REPRODUCTION
Until 24 months following the termination date of the Rally, a Participant shall not fund, invest, or organize a rally or similar event which attempts to replicate this Rally or any of its unique features, activities, and components or which seeks to benefit in any way from the Organizers branding or goodwill, either by operating an enterprise, by working together with another organization as a self-employed person, or by being employed by a competitive organization, where he/she would have the ability to cause harm to the organization whom he/she has left by the knowledge that is specific for the organization and that he/she has acquired from the organization, for himself or for the benefit of a competitor to use this in the following countries/continents: Europe, North America, South America, Asia, and Oceania. 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.
VIII. GENERAL PROVISIONS
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 Rally 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 Rally either before the Rally or during the Rally due to an incident (such as a death or serious injury in connection with the Rally, or an event that otherwise naturally detracts from the Rally), 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.
You must conduct yourself appropriately at all times and abide by all the rules of the hotels and other venues used during the Rally.
25. PROTECTION OF PERSONAL DATA
26. 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 Rally including, without limitation any and all details of any road traffic accidents that may occur during the Rally. 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.
28. VIOLATION OF TERMS
If you violate any of the above terms and conditions or refuse to follow the instructions given to you during the Rally by the Organiser or any of its employees or nominees, you may be prohibited from further participation in the Rally. (and you shall not be entitled to a refund of your Entry Fee).
29. APPLICABLE LAW AND DISPUTE RESOLUTION
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 East-Flanders, 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.
30. CHANGE OF TERMS
30.1 The Organiser reserves the right to change these terms and conditions from time to time subject to notifying you of the changes.
30.2 You shall be deemed to have accepted the amended terms and conditions by participating in the Rally 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
ULTRA EPIC BV