OFFICIAL RULES
Participant Release, Waiver of Liability, Assumption of Risk and Indemnity Agreement
For good and valuable consideration (including, but not limited to, being permitted to compete, officiate, observe, work for or participate in any way in the Event, I hereby agree that:
1. My attendance at or participation in the Event is elective and that the Sponsor (as defined below) and Producer (as defined below) requires attendees and their legal guardians, in the case of minors, to grant them the liability waivers and releases set forth below. BY THIS YOU FOREVER RELEASE IMPORTANT RIGHTS, READ THIS CAREFULLY.
2. I fully understand that participation in the Event could include, without limitation, physical activity, contact with unidentified and unfamiliar persons, traveling to and from various unspecified locations, simultaneously participating in the Event with other participants, participating in the activities in crowded conditions and/or inclement weather and being exposed to other known and unknown persons, places, circumstances and conditions. I fully understand that the Event can be HAZARDOUS, and involve known risks and unanticipated risks which could result in BODILY INJURY, ILLNESS, DEATH, DAMAGE OR LOSS to myself, my property, and to other third parties and their property, which may be caused by my own actions or inactions, those of others participating in the Event, the locations, vehicles, places, buildings and/or structures at, on or in which the Event take place, the conditions in which the Event take place, or the negligence or misconduct of any of the “Releasees” named below; and I fully accept and ASSUME ALL SUCH RISKS and all responsibility for losses, costs, and damages I or any third parties incur as a result of my participation in the Event. I represent that I understand the nature of the Event. I further represent that I am participating in the Event voluntarily and that I am in good health, physically fit and otherwise prepared and able to participate in the Event.
3. I, on behalf of myself and anyone who obtains any rights from or through me, hereby forever and irrevocably release and discharge Toyota Motor Sales, USA, Inc. (“Sponsor”) and Beyond Marketing Group LLC (“Producer”); each of their licensees and designees; the owners, lessors, lessees and any other individual or entity with any interest in the locations, places, buildings and/or structures at, on or in which the Event takes place; any of the respective parent companies, subsidiaries, affiliates, partners, members, managers, agents, contractors, subcontractors, administrators, volunteers, insurers, personal and legal representatives, successors and assigns of each of the foregoing; other participants in the Event; and any director, officer, employee or agent of any of the foregoing (each considered one of the “Releasees” herein) from any and all liability, claims, demands, losses, damages, costs or expenses (including, without limitation, attorneys’ fees and costs) (collectively, “Losses”) arising out of or in any way related to my participation in or attendance at the Event, including, but not limited to, Losses (including, without limitation, Losses from BODILY INJURY, ILLNESS OR DEATH) caused or alleged to be CAUSED, IN WHOLE OR IN PART, BY (i) THE NEGLIGENCE OR MISCONDUCT of any Releasee or otherwise, including negligent rescue operations, (ii) any claim, action, suit or demand brought by any third party against any Releasee by reason of or in connection with my participation in or attendance at the Event, or (iii) invasion of privacy, right of publicity, defamation, libel, slander, copyright infringement, trademark infringement, or any other causes of action arising out of the use of my name, image, likeness, voice and/or other personal attribute(s) or other personal information (collectively, my “Personal Attributes”) or any material submitted by me in connection with the Event. I further covenant not to sue any Releasee or cause any Releasee to be sued regarding any matter released above.
4. This Participant Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement (this “Release”) has been executed by me with the express intention of affecting the legal consequences provided by Section 1541 of the California Civil Code, and any other federal, state or local laws of similar effect. I intend to relinquish all claims against the Releasees, whether or not known and expressly waive any and all right and benefits conferred upon me by the provisions of Section 1542 of the California Civil Code (or any federal, state or local laws of similar effect), which reads:
“A General Release does not extend to claims which the Creditor does not know or suspect to exist in his favor at the time of executing the Release which, if known by him, must have materially affected his settlement with the Debtor.”
5. As further consideration for being permitted to participate in the Event, I hereby grant Sponsor and Producer and its designees and their respective affiliates, licensees, permitees, successors and assigns, and each of them, an unrestricted, absolute, universal, perpetual, irrevocable, non-royalty bearing, and transferable right and license (but not any obligation) to use, copy, transmit, distribute, display, modify, perform, present, transform, create works and derivative works, and otherwise promote or utilize my Personal Attributes captured, photographed or otherwise recorded or memorialized in any manner in connection with the Event, and any material submitted by me in connection with the Event, in any medium or format whether now or hereafter existing (including, without limitation, print, direct mail, online, mobile or wireless communications, radio or television broadcast, telecast or photograph), for any purpose whatsoever (including, without limitation, in connection with the creation, advertising, sale and/or promotion of any products and/or services), and without any consideration or notice to or consent by me or any third party. I hereby forever and irrevocably waive any rights I may have in or to any of the foregoing, and I understand and agree that Sponsor and Producer and its designees are the exclusive owners (to the extent the materials are created by or at the direction of each such party) of any and all right, title and interest, including copyright, in and to any materials of any kind or nature containing or developed from use of my Personal Attributes, in whole or in part.
6. I have read this Release, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law. I hereby forever and irrevocably waive any and all rights to seek or obtain any injunctive or other equitable relief with respect to any matter within the scope of this Release, or to rescind, limit or disaffirm this Release, in whole or in part. I further agree to indemnify and hold harmless each Releasee from and against any Loss regarding any matter within the scope of this Release. If any provision of this Release is unenforceable, it shall be modified to the extent reasonably necessary to make the provision legal, valid and binding, and the remainder of this Release shall remain enforceable to the full extent allowed by law. No statements regarding the effect of this Release, not contained in this Release, shall modify the terms of the Release. In any proceeding or other attempt to enforce, construe or to determine the validity of this Release, the non-prevailing party will pay the reasonable expenses of the prevailing party, including, without limitation, reasonable attorneys’ fees and costs. This Release shall be binding upon the undersigned, and his/her successors, assignees, heirs, next of kin, legal and personal representatives, and anyone who obtains any rights from or through me. This Release shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws principles. Sole and exclusive jurisdiction and venue for any dispute concerning this Release shall be in the federal or state courts located in Los Angeles, California, and I hereby submit to sole and exclusive personal jurisdiction in the State of California for any such dispute and irrevocably waive any and all rights to object to such jurisdiction.
In connection with the Event, Event management reserves the right to restrict entrants to acceptable behavior during any and all activities of this Event. I understand that open headers, unnecessary tire-spin or displaying of any signs, placards, etc. are not allowed and if I disobey the rules set forth in this sentence or if Event management decides that for any other reason that I, my vehicle, its appearance or conduct is deemed objectionable, I and my vehicle will be evicted from the premises and possibly suspended from future events. I understand that any poor behavior off the facilities will also be reason for denying admittance of me and my vehicle to the facilities and also suspension from future events. This reservation includes persons, things, conduct, printed matter, or any act or item of poor character which the Event management considers to be objectionable to the Event’s well being. I agree that in the case of any eviction or restriction, Sponsor and Producer shall not be liable for disqualifying or rejecting any entrants. I agree to observe all safety and traffic regulations, safety rules and fire ordinances and I represent and warrant that my vehicle is street legal, properly registered and in excellent operational condition and that I have, and will maintain during the Event, a driver’s license that is valid for the operation of my vehicle in California and I will indemnify and hold Releasees harmless from and against any Losses arising out of or in any way related to my failure to comply with the provisions of this paragraph.