Rama Road Rally Legal Information, Contract and Code of Conduct for participation in the 2007 Rama Road Rally.
Description and purpose of the Rama Road Rally Event
The Rama Road Rally is a competition in which vehicles are driven coast-to-coast over public roads and under normal traffic conditions and regulations, with specified rules as to speed, time, and route. It is an Event that benefits children’s educational charities. The Rama Road Rally daytime events are based on a state fair type of atmosphere based around children’s educational formats, concerts, and other fun filled activities. The night-time events are for the adults with concerts and competitions, banquet dinners, and award ceremonies each night with a few surprises built in.
The Rally will begin in Philadelphia, PA and end in San Francisco, CA, with 19 other destination cities in between. Driving time for each leg of the Rally ranges from 5 to 9 hours. Drivers will get a daily destination with an address of a hotel or venue in each city at the beginning of each day. They will then choose the best route by their own means (maps, GPS, etc.) Friendly competition, sportsmanship and original thinking are encouraged.
I. Release and waiver of liability.
I acknowledge that no amount of care, caution, instruction, or expertise can eliminate the risks and dangers of participating in the Rama Road Rally Event hereafter referred to as Event or Rama Road Rally Event. I therefore voluntarily agree to, and do hereby waive and release any or all claims to, and all of my right to assert legal demands on and to, including claims for damages, death, injuries, fees, costs and other losses, that I now have or may at any time have in the future against Rama Road Rally Inc., Ramathized Productions Inc., Eaglefinger Enterprises Inc, or any other sponsor of this Event hereafter known as Company/s and any and all of its past, current or future members, officers, directors, employees, agents volunteers, sponsors, officials, organizers, attorneys or any other representatives of the Company/s that arise from or relate in any way to the Rama Road Rally 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 Company/s and even though I have adhered to the Rama Road Rally Code of Conduct which follow in section V. This specifically includes any rights that may have otherwise existed under California Civil Code Section 1542, which states that:
“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.”
I understand that by agreeing to these provisions, I am giving up certain legal rights that might exist if I did not sign this document.
II. Assumptions and risk of dangers of the Rama Road Rally Event.
I acknowledge that the Event involves the operation of motorized vehicles, and activities involving physical endurance. It is understood that 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, these dangers may include, but are not limited to, the following:
· Dangerous negligent or intentional conduct, including my own conduct or the conduct of others that would result in serious injury and or death to participants or non participants;
· Dangerous, hazardous, and unforeseen road conditions to include on road and off-road, cross country, cross continent driving or being a passenger thereof;
· Dangers in traveling cross-country and on mountainous, narrow, wet, slick, dirt, potholed or windy roads, trails and racetracks;
· Theft of personal property or belongings.
· Dangers of high altitude or motion sickness;
· Risks associated with other vehicles, facilities and/or structures used in the Event, or which are located near or constitute part of the Event course, and the potential for collision/s with such structures or vehicles;
· Potential for collision with pedestrians, vehicles, other participants and fixed or moving objects;
· Inadequate safety and medical equipment;
· Weather conditions, to include but not limited to, extreme weather or rapidly changing weather conditions, wind, lightning, bright and or blinding sunlight, or other natural phenomena and other unforeseen hazards arising from the consequences of such weather conditions;
· Travel to and from the Event and the Event facilities including provided transportation;
· Vehicle or equipment failure personal or Event related.
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 the risks mentioned and others that may not have been, and for any resulting injury, death, property damage or loss as a result of such risks, or my participation. I further agree that the Company’s are not liable or responsible for or to me or any other party for any losses or damage caused by such occurrences.
III. Indemnification and damages.
I agree to indemnify, defend and hold the Company harmless from any and all claims, demands, damages, judgment, costs (including but not limited to 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 promoter’s 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 company in connection with this Event.
IV. Rama Road Rally Code of Conduct and assurances.
A. I agree that the Company has taken significant efforts to develop a Rama Road Rally Code of Conduct, here after known as “Code” for the Rama Road Rally Event, which is attached to this Agreement, in order to ensure that the Rama Road Rally is conducted in a manor to which it was intended and has been outlined within the pages of the contract and on the Internet web-site.
B. I agree to keep a copy of the Rama Road Rally Code of Conduct with me at all times during the Event that has been included in the Rama Road Rally package given to me before the start of the Event.
C. 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.
D. If I am unable or unwilling to follow the Code I agree not to sign this Agreement or participate in the Event.
E. I agree that the Company may, at any time, with or without notice, in their 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 Company, should I violate any provision of the Code, breach any term of this Agreement or otherwise take any actions that the Company deem to be illegal, dangerous, or a threat to the health or safety of anyone.
V. Use of name and likeness.
I agree to permit the Company, 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 Company 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. Intellectual property 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 Company and I voluntarily waive any and all claims to such rights. This includes, without limitation, all rights in the trademarks of the Rama Road Rally Inc., Ramathized Productions Inc., Eaglefinger Enterprises Inc. or Event Sponsors, together with the goodwill associated with such trademarks, 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
· In entering into this Agreement, I am not relying on any oral, written or visual assurances from the Company, or any material available in any format whatsoever, including but not limited to, the Event registration form or the Company’s internet web-site, to induce me to participate in the Event.
· 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.
· This Agreement shall be governed by the laws of the State of Nevada, without regard to the conflicts of law provisions of the State of Nevada. I agree to submit to the jurisdiction of the courts of the State of Nevada in connection with any dispute arising under this Agreement. If such legal action is required to enforce or interpret this Agreement, the prevailing party shall, in addition to other remedies, be entitled to recover all costs and fees, including attorney’s fees, incurred in such action.
· 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.
· If weather or other circumstances affect the commencement or continuation of the Event, the Company may elect to postpone and/or cancel the Event. If postponement and/or cancellation should occur, the Company may elect to reschedule the Event on another date or cancel the Event entirely. All entry fees will be returned in the unlikely situation that the Event was cancelled.
· I confirm that I am at least 18 years of age or am a fully licenced driver traveling with a co-participant/parent or legal guardian over the age of 18, 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.
· 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.
· I have read and will follow each requirement of the Rama Road Rally Code of Conduct and the Rules and Regulations specified and implied in this contract/document.
I agree to pay the fees and costs for the Rama Road Rally 2007 as follows:
The entry fee for the Event is $ 4,500. This fee shall cover the entry of 1 vehicle and 1 participants. Additional passengers/drivers/participants are $1500. (Note: there can not be more passengers in a vehicle that there are number of seat belts.) The fee covers the costs of all accommodations between the time a participant signs into the event until the conclusion of ceremonies., all breakfasts and dinners, and all special events. The entry fee does not include personal acquisitions, gas, road tolls, telephone bills or other expenses incurred while staying in a hotel, fines of any sort, or damage caused at any venue visited while on the road, or any location during the 24 day event.
Participant Signature______________________________________ Date_______________
The rules and regulations in the code of conduct is to be considered as part of the contract for the participation in the Rama Road Rally.
A. I hereby state that I have no physical, mental, medical, or health condition, which would hinder or prevent my participation in the Rama Road Rally Event and Event-related activities. I declare that I possess the standard of physical fitness and that I have the competence necessary to participate in the Event, and that the vehicle entered is mechanically, legally or otherwise suitable for use in the Event .
B. I will at all times possess and provide the Company 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. Personal property insurance is the responsibility of the participant. The Rama Road Rally will not be found liable due to the loss or damage of personal property.
C. Any participants may be designated as the drivers of the vehicle. The drivers must be at least of legal driving age, with valid proof of identification, a valid driving license and a secondary form of identification.
D. I agree that the Company may place a logo and sponsor sticker/s to my vehicle for the entire duration of the Event to include but not limited to an identification number.
E. I will at all times possess and provide the Company 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. Personal property insurance is the responsibility of the participant. The Rama Road Rally will not be found liable due to the loss or damage of personal property.
F. I may not engage in or permit personal sponsorship for myself or my vehicle, or the use of my vehicle for sponsorship by others, without the prior express written permission of the Company. The Company reserves the right to refuse authorized sponsored vehicles and/or participants’ entry into the Event without reason or warrant.
G. I understand and agree that the Rama Road Rally is not a race where speed or breaking of laws is permitted. I must not compete with other drivers in any manner that is against the laws of individual States or of a federal nature, and I will not place or encourage bets of any kind in connection with the Event.
H. I must operate my vehicle in a safe manner and with proper courtesy to other participants, non-participants and the public. I understand that anyone caught racing or violating any other motor vehicle or traffic laws during this Event will be immediately disqualified from further participation at the discretion of the Rally Company in the Event and will not be entitled to any refund of entry fees or other payments.
I. 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, goods and weapons. If I am refused passage and/or entry/exit to or from any state or municipality encountered en route, all additional costs incurred are my sole responsibility.
J. I must conduct myself appropriately at all times while the Event is ongoing, to include but not limited to 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.
K. I must not consume alcohol while driving or before any day of driving.
L. I must not consume any illegal substance at any time.
M. If I am taking any prescription for medication, I must disclose this information to the Company 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.
N. I agree to be solely responsible for any legal expenses that I, or another member of my team incur, or that are incurred on my behalf, in connection my participate in the Event such items would include but not be limited to any fines, penalties, incarceration, bail or any other discipline/s arising from my participation in the Event.
O. I grant permission to the Company to act on my behalf when no-one else in my group or team is capable or present in the case of an emergency for the performance of any emergency medical treatment or action that may be required in the event of an accident in which I am rendered unconscious or unable to approve the required medical treatment/s.
P. If I become the victim of an accident I will hold the Company, its officers, directors, employees, agents or assigneds 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.
Q. 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 medical attention, rescue, special travel or other special financial outlay for me personally and to reimburse the Company for all costs of those services.
R. I agree to follow any and all other instructions and/or requirements that the Company may impose or require based on their circumstances and occurrences surrounding the Rama Road Rally Event, and to cooperate at all times, to include but not limited to, on the spot interviews, placement of POV cameras in my vehicle, and any other promotion, marketing, broadcast, or related items in the Company’s efforts to hold and manage the Event.
S. It is further understood that any and all prize packages will be subject to 50% of the winnings going to a legal charity of my choice provided it fits within the parameters outlined on the charity section of the ramaroadrally.net internet web-site.
T. I will attend all briefings, meetings, conferences, award ceremonies, and other events or activities required as a condition of participating in the Rama Road Rally.
U. I have read and will follow each requirement of the Rama Road Rally Code of Conduct.
Part 1 of 2
RAMA ROAD RALLY
PARTICIPATION AND REGISTRATION AGREEMENT
PARTICIPATION IN THE RAMA ROAD RALLY REQUIRES ALL OF THE FOLLOWING INFORMATION TO BE FILLED OUT IN ITS ENTIRETY FOR LEGAL PURPOSES.
(All information on this page will remain confidential)
Last name First Middle
Driver’s License #
Policy Number and Exp. Date
Address of Insurance Company
Phone# of Insurance Company
Rama Road Rally official entry form part (2)