ARTICIPATION AND REGISTRATION AGREEMENT FOR SILVER STATE PASSPORT PROGRAM
By checking the box upon checking out, you agree to these terms, and your acknowledgment serves as a digital signature under California Civil Code (CIV) § 1633.1-1633.17.
This agreement will affect your legal rights. You must read and understand this agreement as well as provide all information requested in checkout to participate in the Silver State Passport Program, known as the Event. In consideration for my being permitted to attend and/or participate in the (the “Event”), I have read, and I agree to the terms and conditions set forth below (“Agreement”).
I. ASSUMPTIONS OF RISKS AND DANGERS OF THE EVENT. 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:
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 ORGANIZERS ARE NOT LIABLE OR RESPONSIBLE FOR TO ME OR ANY OTHER PARTY FOR ANY LOSSES OR DAMAGE CAUSED 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 or 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 the event organizers (paid or not) and any and all of its past, current or future members, officers, directors, employees, volunteers, organizers, agents, sponsors, officials, attorneys or other representatives (the “Organizers”), 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 organizers and even though I have adhered to the Code of Conduct. 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 AGREE TO THIS DOCUMENT.
I, the undersigned, for myself, my heirs, assignees, executors, successors, agents, attorneys and representatives and all others who may claim through me, do hereby acknowledge and agree that: Silver State Passport, volunteer, participant, Event Partners, their officers and employees (whether paid or unpaid), and any co-sponsor of this activity (as well as employees and representatives of the co-sponsor), collectively referred to as “Silver State Passport, volunteer, participant, Event Partners,” shall be discharged fully, finally and forever from any responsibility, alleged or real, relating to any injury which may be suffered by the participant while traveling to, during, or returning from the activity designated by this notice. The sponsoring agency has no medical insurance for individuals, and any injury to, or caused by, the participant will be the participant’s sole and exclusive responsibility. Participant, or his/her guardian if the actual participant is under 18, shall be solely and exclusively responsible for any property damage, personal or private, which the individual may cause during the course of an activity such as designated in this notice. Participant assumes all liabilities of any and all passengers in their care while operating a vehicle to, on, or after the event. Additionally, the participant, or parent or guardian if the actual participant is under 18, acknowledges that The Silver Statev Passport, volunteer, participant, Event Partners reserves the right to photograph facilities, activities, and program participants for potential future use for publicity or promotion purposes without compensation now or in the future.
III. CODE OF CONDUCT AND ASSURANCES. I agree that the Organizers have taken significant efforts to develop a Code of Conduct (“Code”) for the Event, which is listed in 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. If I am unable or unwilling to follow the Code, I agree not to agree to this Agreement or participate in the Event.
I agree that the Organizers 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 Organizers, should I violate any provision of the Code, breach any term of this Agreement or otherwise take any actions that the Organizers deem 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 Organizers, its officers, staff, sponsors, or volunteers, 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 ORGANIZER’S MAXIMUM FINANCIAL LIABILITY TO ME ARISING FROM SUCH CLAIM WILL BE EQUAL TO THE ENTRY FEE OR CLUB MEMBERSHIP I HAVE PAID TO BE A PARTICIPANT IN THE EVENT. THE FOREGOING SENTENCE SETS FORTH MY SOLE LEGAL REMEDY AGAINST THE ORGANIZERS IN CONNECTION WITH THIS EVENT. I ALSO AGREE THAT ANY CLAIM FROM MY ACTIONS, ACCIDENTAL OR NOT, AGAINST THE EVENT ORGANIZERS, PAID OR NOT, SHALL BE MY RESPONSIBILITY TO COVER ANY AND ALL LEGAL FEES AND DAMAGES FROM THE CLAIMS MADE AGAINST THE ORGANIZERS.
V. USE OF NAME AND LIKENESS. I agree to permit the Organizers, 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 Organizers 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 Organizers.
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 Organizer,s and I voluntarily waive any and all claims to such rights. This includes, without limitation, all rights in the trademarks The 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.
VII. FEES AND COSTS. I agree to pay the fees and costs as associated with the Silver State Passport Program.
VIII. GENERAL PROVISIONS.
IX. GENERAL CODE OF CONDUCT
X. CAUTION. This is not a race, speed competition, or contest, drag race or contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record. Participants must not place any bets of any kind in relation to the event. Participants must maintain proper courtesy to all other participants and members of the public. Participants must comply with all applicable laws and regulations whilst in the country visited. Including, without limit, appropriate laws of the road, appropriate laws for flying, the laws relating to the proper and safe operation of your vehicle, and the laws relating to the possession, or importation of prohibited substances, illegal immigrants, goods, or offensive weapons of any kind. Please note that ANYONE caught or reported as not following safe operations will be excluded from further participation in the event immediately and will be banned from any future events and the Silver State Passport Program. No refunds will be made, and all privileges will be withdrawn.
PRODUCT SALE AGREEMENT
Sales of products (Passports, decals, shirts, gear etc.) are final. If you have questions about a product, you can contact us at [email protected] for resolution.
Contact us at [email protected]