Crescent Classic Rally Code of Conduct
A. I hereby state that I have no medical, mental, physical, or health condition(s) which would hinder or prevent my participation in the Event and Event-related activities. I declare I possess the standard of competence necessary and am physically fit to participate in the Crescent Classic Rally (Event), and that the vehicle entered is mechanically or otherwise suitable for use in the Event.
B. Only registered participants may be designated as the drivers of the vehicle. The driver must be at least 25 years of age, with valid proof of identification, a valid driver’s license, and proof of insurance.
C. I will at all times possess and provide Crescent Classic, Ferrari Club of America (FCA) and Scuderia Ferrari Club Kansas City with evidence of insurance coverage for the Event. Such evidence shall include a copy of an automobile insurance policy, which provides adequate amounts of insurance for both collision and personal liability, and a copy of an insurance policy covering my personal property.
D. I agree to have the “Crescent Classic” logo and official Event sponsors’ stickers attached to my vehicle (and any support vehicle if Crescent Classic so requires) during the entire Event. I am not entitled to deface, cover up, or otherwise obscure such stickers, and shall endeavor to keep them clean and visible at all times. Stickers are non-permanent and easily removable without damaging vehicle finishes. Crescent Classic will therefore not be responsible for claims for damage to vehicle finishes as a result of the application or removal of such stickers.
E. Personal sponsorship for your vehicle, your support vehicle, or your clothing is only permitted if you obtain Crescent Classic’s prior written consent. Subject to obtaining Crescent Classic’s prior written consent as to the identity of your personal sponsor(s) (up to a maximum of 2 personal sponsors), you will be entitled to place your own sponsor’s names, marks, and/or logos in 2 designated positions only on both your vehicle, your support vehicle, and/or your clothing, provided that your sponsor/sponsors does not/do not compete or conflict with Crescent Classic’s official sponsors. Crescent Classic shall be entitled to determine the size and location of your sponsor’s/sponsors’ names, marks, and/or logos on your vehicle, support vehicle, and/or clothing. If you wish to place your own sponsor’s/sponsor’s names, marks, and/or logos on your vehicle, support vehicle, and/or your clothing, you should submit a written request (to Crescent Classic) for permission to do so at least 90 days prior to the commencement of the Event. Crescent Classic reserves the right to refuse unauthorized sponsored vehicles or individuals entry to the Event. Logos must be supplied in vector EPS Format to the Events official sticker supplier for manufacture. Stickers manufactured elsewhere will not be accepted. If you arrive at or attempt to participate in the Event with your vehicle, support vehicle, and/or clothing displaying the branding of a sponsor that has not been authorized by Crescent Classic or FCA, you will be required to remove such branding from your vehicle, support vehicle, and/or clothing, 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).
F. I understand and agree that THIS EVENT IS NOT A RACE. I must not compete with other drivers in any manner, and I will not place or encourage bets of any kind in connection with the Event. I must operate my vehicle in a safe manner and with proper courtesy to other participants and the public. I understand that ANYONE caught racing or violating any other motor vehicle or traffic laws during Crescent Classic will be immediately disqualified from further participation in the Event, and will not be entitled to any refund of entry fees or other payments.
G. I must comply with all applicable laws and regulations throughout the course of the Event, including, without limitation, all laws of the road, laws relating to the fitness of my vehicle, and laws relating to possession and importation of prohibited and/or illegal substances, illegal immigrants, good, and weapons. If I am refused passage and/or entry/exit to or from any state or municipality encountered in route, all additional costs incurred are my sole responsibility.
H. I must conduct myself appropriately at all times while the Event is ongoing, bearing in mind the rules of hotels, restaurants, public areas, and other venues. Failure to comply with such rules can result in disqualification and removal from the Event.
I. I must not consume alcohol while driving or before any day of driving. I must not consume any illegal substance at any time. If I am taking any prescription for medication, I must disclose this information to Crescent Classic and provide written evidence from my health-care provider that such medication will not adversely affect the operation of my vehicle or my ability to participate in the Event.
J. I agree to be solely responsible for any legal expenses that I incur, or that are incurred on my behalf, in connection with my participation in the Event, or any fines, penalties, bail, incarceration, or other discipline arising from my participation in the Event.
K. I grant permission for the performance of any emergency medical treatment that may be required in the event of an accident in which I am rendered unconscious or unable to approve the required medical treatment. If I become the victim of an accident, I will hold Crescent Classic, its organizers and sponsors, Scuderia Ferrari Club Kansas City, its officers, directors, employees, and agents, and Ferrari Club of America, its officers, directors, employees, and agents harmless from any liability or negligent actions that may arise in relation to any search and rescue, stabilization, evacuation, transportation, and emergency care I receive while aid resources are sought or rendered.
L. I agree that I am fully responsible for all costs and expenses that may be incurred in providing special services to me or for my benefit, including payment for costs of rescue, special travel, medical attention, or other special outlay for me personally, and to reimburse Crescent Classic, its organizers and sponsors, Scuderia Ferrari Club Kansas City, its officers, directors, employees, and agents, and Ferrari Club of America, its officers, directors, employees, and agents for all costs of those services.
M. I agree to follow any and all other instructions or requirements that Crescent Classic and FCA may impose based on other circumstances surrounding the Event, and to cooperate at all times in Crescent Classic’s efforts to hold and manage the Event.
N. I will attend all briefings, meetings, conferences, and other events or activities required as a condition of participating in Crescent Classic.
Crescent Classic Rally Waiver of Liability
In consideration for my being permitted to attend and/or participate in the Crescent Classic Rally (the “Event”), I have read and I agree to the terms and conditions set forth below (“Agreement”).
I. ASSUMPTIONS OF RISKS AND DANGERS OF CRESCENT CLASSIC Rally. I acknowledge that the Event involves the operation of motorized vehicles, extreme sporting activities, and activities involving physical endurance and strength. I realize that, as a result, I may be engaging in activities that involve risk of serious injury, including permanent disability, paralysis and death, property damage, and other losses which might result not only from my own action, inaction or negligence, but the action, inaction, or negligence of others, the circumstances of the Event and other occurrences. By way of example only, and without limitation, these dangers may include the following:
A. Dangerous and hazardous road conditions;
B. Dangers of general road and off-road driving;
C. Dangerous, negligent or intentional conduct, including my own conduct or the conduct of others;
D. Weather conditions, including extreme weather or rapidly changing weather, wind, lightning, other natural phenomena, and hazards arising from the consequences of such weather conditions;
E. Vehicle or equipment failure;
F. Inadequate safety equipment;
G. Risks associated with other vehicles, facilities or structures used in the Event, or which are located near or constitute part of the Event course, and the potential for collision with such structures or vehicles;
H. Dangers in traveling cross-country and on narrow or windy roads and trails;
I. Potential for collision with pedestrians, vehicles, other participants and fixed or moving objects;
J. Travel to and from the Event and the Event facilities
K. Theft of personal property or belongings.
I FULLY UNDERSTAND AND ACKNOWLEDGE THAT THESE AND OTHER RISKS MAY EXIST IF I PARTICIPATE IN THE EVENT. I ACCEPT SOLE AND ABSOLUTE PERSONAL RESPONSIBILITY FOR EACH OF THEM, AND FOR ANY RESULTING INJURY, DEATH, PROPERTY DAMAGE, OR LOSS AS A RESULT OF SUCH RISKS, OR MY PARTICIPATION, AND I AGREE THAT THE RELEASEES ARE NOT LIABLE OR RESPONSIBLE TO ME OR NAY OTHER PARTY FOR ANY LOSSES OR DAMAGE CUASED BY SUCH OCCURRENCES.
II. WAIVER AND RELEASE OF LIABILITY. I acknowledge that no amount of care, caution, instruction, or expertise can eliminate the risks and dangers of participating in the Event. I therefore voluntarily agree to and do hereby waive and release any and all claims, and all of my right to assert legal demands, including claims for damages, injuries, death, costs, fees, and other losses that I now have or may at any time have in the future, against Crescent Classic, Scuderia Ferrari Club Kansas City and Ferrari Club of America including, without limitation, any other person or entity providing monetary, property or other support for the Event and any and all of their respective past, current, or future shareholders, members, officers, directors, employees, affiliates, volunteers, organizers, agents, sponsors, officials, attorneys, or other representatives (the Promoter, Crescent Classic, Scuderia Ferrari Club Kansas City and Ferrari Club of America and the other persons and entities herein named or specified are herein referred to as the “Releasees”), that arise from or relate in any way to the Event, my participation in the Event, or the acts or omissions of others involved in the Event. I understand and agree that this includes claims that do not exist now but arise in the future, claims based on occurrences taking place in the future, and claims that relate to occurrences that took place despite reasonable efforts of the Releasees and even though I have adhered to the Code of Conduct. I UNDERSTAND THAT BY AGREEING TO THESE PROVISIONS, I AM GIVING UP CERTAIN LEGAL RIGHTS THAT MIGHT EXIST IF I DID NOT AGREE TO THIS THIS DOCUMENT WHEN I REGISTERED for CRESCENT CLASSIC.
III. CODE OF CONDUCT AND ASSURANCES. I agree that the Promoter has taken significant efforts to develop a Code of Conduct (“Code”) for the Event, which is attached to this Agreement, in order to ensure that the Event is properly conducted. I have fully read and understand each of the provisions of the Code, and I agree that at all times I will follow each and every requirement of the Code. I agree to keep a copy of the Code of Conduct with me at all times during the Event. If I am unable or unwilling to follow the Code, I agree not to sign this Agreement or participate in the Event. I agree that the Promoter may, at any time, with or without notice, in its sole discretion, disqualify me from the Event and take any other steps deemed necessary, including preventing me from attending or observing the Event or having contact with other Event participants or the Promoter, should I violate any provision of the Code, breach any term of this Agreement, or otherwise take any actions that the Promoter deems to be illegal, dangerous, or a threat to the health or safety of anyone.
IV. INDEMNIFICATION AND DAMAGES. I agree to indemnify, defend, and hold the Releasees harmless from any and all claims, demands, damages, judgment costs (including attorney’s fees), or other matters asserted by a third party relating to or arising from my failure to adhere to the Code or any other act of negligence or willful conduct on my part; I AGREE THAT, SHOULD I HAVE ANY LEGAL CLAIM FOR DAMAGES THAT IS NOT RELEASED BY THIS AGREEMENT, THE RELEASEES’ AGGREGATE MAXIMUM FINANCIAL LIABILITY TO ME ARISING FROM SUCH CLAIM WILL BE EQUAL TO THE ENTRY FEE I HAVE PAID TO BE A PARTICIPANT IN THE EVENT. THE FOREGOING SENTENCE SETS FORTH MY SOLE LEGAL REMEDY AGAINST THE RELEASEES IN CONNECTION WITH THIS EVENT.
V. USE OF NAME AND LIKENESS. I agree to permit the Promoter, without paying me any fee or royalty of any kind now or at any time in the future, to use my image, name likeness, voice, photographs, life story, or any video, graphic, or film footage of my vehicle, for any and all purposes related to the Event, including publicity, advertising, and endorsements, both before and after the Event. I do hereby relinquish any and all rights to any of such content, including any video, graphic, photographic, painted, or other depictions of myself or my vehicle or other events or occurrences taking place in connection with the Event. I release the Promoter and its assigns from and against all liability and/or claims which I may have for invasion of privacy, defamation, or any other cause of action arising out of production, distribution, broadcast, or exhibition of such content. All of such content shall remain the property of the Promoter.
VI. INTELLECTUALPROPERTY RIGHTS. I understand and agree that all copyrights, trademark rights, patent rights, trade secret rights, and other intellectual property rights of any kind arising in connection with the Event shall be the sole and exclusive property of the Promoter, and I voluntarily waive any and all claims to such rights. This includes, without limitation, all rights in the trademark CRESCENT CLASSIC, together with the goodwill associated with such trademark, all rights in any artwork, videos, new footage, text or other literary, musical, or graphic content used or arising in connection with the Event, all rights to publicity, merchandise, and information surrounding the Event, all rights to sell sponsorships to third parties with respect to the Event, all rights to any subsequent portrayals, dramatizations, performances, stories, or other depictions of the Event, and all rights to any royalties, revenues, income or other benefits that may be received from the exploitation of such rights.
VII. FEES AND COSTS. I agree to pay the fees and costs as set forth on the registration form. I agree that all fees received are not refundable for any reason I should decide to cancel or not attend Crescent Classic.
VIII. GENERAL PROVISIONS.
A. In entering into this Agreement, I am not relying on any oral, written, or visual assurances from the Promoter, or any material available in any format whatsoever, including without limitation, the Event registration form or the Promoter’s internet website, to induce me to participate in the Event.
B. I understand that this Agreement will survive and be enforceable even if I am disqualified from the Event and will remain enforceable following the termination and/or conclusion of the Event.
C. This Agreement shall be governed by the laws of the State of Arkansas, without regard to the conflicts of law provisions of the State of Arkansas. I agree to submit to the jurisdiction of the courts of the State of Arkansas in connection with any dispute arising under this Agreement. If such legal action is brought to enforce or interpret this Agreement, the Promoter shall, in addition to other remedies, be entitled to recover all its costs and fees, including attorney’s fees, incurred in such action.
D. If any one or more terms of this Agreement are found to be unenforceable or invalid by a court of competent jurisdiction, such invalidity shall not affect the remainder of this Agreement, and the affected provision shall be enforced to the maximum extent permissible.
E. If weather or other circumstances affect the commencement or continuation of the Event, the Promoter may elect to postpone and/or cancel the Event. If postponement and/or cancellation should occur, the Promoter may elect to reschedule the Event on another date or cancel the Event entirely. There will be no refund of entry fees if the Event is cancelled.
F. I confirm that I am at least 21 years of age and that I have read and understand this Agreement. I agree that the provisions of this Agreement shall be binding upon my heirs, executors, administrators, legal representatives, successors, and assigns.
G. I agree that I have been provided with access to all information necessary for me to make an informed and voluntary decision to sign this Agreement, and that I have obtained, or elected not to obtain, all necessary medical, legal, financial, and other professional advice regarding the provisions of this Agreement and my participation in the Event.