LEGAL K8RALLY

1             General information

         K8Rally Limited (the “Organiser”) manages and promotes the 2009 K8Rally (the “Event”) which will take place from the 10^th August 2009 until the 16th August 2009 (inclusive).The Event follows a 2200 mile driving route that incorporates the United Kingdom, France, Italy and Spain. Places are limited to approximately 120 cars and availability cannot be guaranteed. The sooner contact is made with the Organiser, the better the chance of participation. The choice of participants is at the Organiser’s sole discretion. 

2             Entrance Fee

2.1         The total Entrance Fee for the Event is £3,200 (Three Thousand Two Hundred Pounds Sterling) per vehicle containing two (2) people. The Entrance Fee covers you (the driver) plus one (1) team mate (Co-Pilot). If you wish to have additional team mates in your vehicle the standard fee is £1,500 (One Thousand Five Hundred Pounds Sterling) per additional team mate.

2.2         The Entrance Fee includes pre-paid bookings in luxury hotels each night, including the night of registration Monday 10th August 2009 until and including the night of Saturday 16th August 2009. This includes all breakfasts and dinners (lunch to be provided by participants), as well as several exclusive K8Rally cocktail receptions, a K8Rally bottle of champagne, K8Rally clothing and K8Rally VIP parties. Throughout the week all drivers and co-drivers will share twin rooms to accommodate two (2) people. If upgrades are required to higher graded rooms and suites please contact the Organiser after your entry has been accepted and we will attempt to accommodate your request for a suitable extra charge. The Entrance Fee also includes transport by ferry between the United Kingdom and France on 11th August 2009.

2.3         If you want to have a support vehicle containing your mechanics, security staff and/or personal film crew accompany you on the Event (in addition to the vehicle in which you are participating in the Event) a fee of £3,200 (Three Thousand Two Hundred Pounds Sterling) is payable per support vehicle, which fee covers two (2) people in the support vehicle. This fee will allow the support personnel to take part in the K8Rally and have access to hotel accommodation and parties on the Event but will not entitle the support crew to Event merchandise or to any VIP services and/or facilities.

2.4         The Entrance Fee for the Event does NOT include personal acquisitions, petrol (gas), telephone bills or other expenses and disbursements incurred while staying in a hotel (including, without limitation, courier/postal charges relating to sending left luggage with you), fines of any sort, or costs arising from damage caused by you at any venue visited. You will be responsible for any such costs. In the event of the Organiser having to pay any such costs on your behalf you will be responsible for repaying them to the Organiser (in addition to the Entrance Fee) within thirty (30) days of receipt of an invoice from the Organiser.

2.5         You are responsible for paying the Entrance Fee for your vehicle plus any additional fees which may arise and the fees for any additional team mates in your vehicle or for your support vehicle. An initial deposit payment of £1,000 (One Thousand Pounds Sterling) per entry must be paid by participants upon receipt of the welcome letter confirming entry has been successful, with further payments towards the total Entrance Fee being due as set out in the welcome letter. Failure to make payments on time may result in your participation in the K8Rally being cancelled with no obligation on The Organiser to return any sums paid, or to you being liable for a late payment fee of £1,000 (One Thousand Pounds Sterling) in addition to the Entrance Fee.

2.6         Each payment (including the initial deposit) is non-refundable after 7 days.

2.7         If the Organiser cancels the event no unreasonable sums paid shall be refunded.

3.1         The Event is NOT a race or a competition. You must NOT compete in any manner with other participants. You must NOT place any bets of any kind in relation to the Event. You must drive safely and with proper courtesy to all other participants and members of the public. In particular you must NOT drive recklessly. The Organiser encourages you to drive safely with due respect to other participants and members of participants and members of the public. If you are seen driving recklessly or otherwise not in compliance with applicable law (see 3.8 below) by the Organiser, its employees or nominees then you will be prohibited from taking any further part in the event or future events. 

3.2         The Organiser accepts no responsibility or liability for the consequences of you being refused passage and/or entry/exit to or from any Country visited on route. You must obtain any necessary visas and/or passports. Any additional costs incurred are your own responsibility and the Organiser reserves the right to recover any fees incurred arising out of your actions. 

3.3         You must conduct yourself appropriately at all times and abide by all the rules of the hotels and other venues used during the Event. When “checking-in” to all hotels a credit card must be provided. You will pay for any and all “hotel extras” and any damage to the hotel property. Any such costs incurred will be paid for by you before “checking-out” or such costs will be debited from your credit card.

3.4         You must hold a current, valid and unrestricted driver’s licence valid in the United Kingdom, France, Italy and Spain and a current and valid passport (together with any relevant visa(s)). You will not need a visa for travelling within the EU if you are a citizen of an EU country, Iceland, Liechtenstein, Norway or Switzerland.

3.5         You shall obtain and maintain appropriate insurance covering your participation in the Event and shall provide proof of insurance to the Organiser along with contact details for your insurance company. By providing such details you are providing consent to the Organiser to contact your insurance company. Appropriate insurance is fully comprehensive insurance applicable from 10th August 2009 until 16^th August 2009 (inclusive), covering the countries that the event is travelling through, and disclosing to insurers that you are participating in the Event. 

3.6         You must NOT drive if your ability to do so safely and properly is in any way compromised by illness, lack of adequate rest, consumption of alcohol or other illegal or intoxicating substances or any other condition.  If the Organiser finds that your ability to drive is in any way compromised the Organiser reserves the right to prohibit you from participating further in the Event or future events.

3.7         You must provide vehicle registration plates for both the front and rear of your vehicle. Failure to do so may prevent access to certain countries en route depending on your nationality. It is your responsibility to ensure that you and your vehicle are compliant with locally applicable laws along the route (including without limit weight, width, lighting and visibility). All drivers must carry their full driving licence (in the case of UK drivers, this must include both paper and card parts), vehicle registration documents relevant to the country of registration and must be taxed and have any necessary certificates and/or consent for use on public roads within the country of registration (where relevant). All information that the Organiser requests from you in relation to your own personal details and those of your vehicle must be accurate and complete in material respects and by signing this document you agree that it is in its entirety. 

3.8         You must comply with all applicable laws and regulations of the Country in which you are travelling, including without limitation, all speed regulations, laws of the road, laws relating to the safety of your vehicle and laws relating to the possession or use of alcohol, drugs or other prohibited substances. If you breach any applicable laws, the Organiser reserves the right to prohibit you from participating further in the Event or future events. 

3.9         If the Organiser finds you under the influence of alcohol while driving or attempting to drive while under the influence of any illegal or intoxicating substances the Organiser reserves the right to prohibit you from participating further in the Event or future events.

3.10       You must participate in the Event in the vehicle stated on your entry form. You will only be able to participate in another vehicle subject to the Organiser’s consent (which it is entitled to withhold in its absolute discretion) and subject to the payment of an administration charge of £500 (Five Hundred Pounds Sterling). If the Organiser does not consent to you participating in a vehicle other than the one stated in the entry form, you shall be refused access to further participating in the Event (and you shall not be entitled to a refund of any sums paid). No cars can change within three weeks before the event due to paperwork and insurance. The person(s) entering the Event must participate in the Event. If for whatever reason you are unable to participate your entry place is not transferable in any circumstances whatsoever. 

3.11       You must be over 18 years of age on 2 July 2009 in order to participate in the Event.

3.12       You agree to keep confidential, and not disclose to any third party, details of all incidents that occur during the Event including, without limitation any and all details of any road traffic accidents that may occur during the Event, but excluding all details which are already public knowledge (other than by breach of these terms and conditions) or which are required by law.

3.13       If you violate any of the above terms and conditions or refuse to follow the instructions given to you during the Event by the Organiser or any of its employees or nominees, you may be prohibited from further participation in the Event.

3.14       The Organiser reserves the right to refuse your entry or participation prior to and during the Event at any time and for any reason whatsoever (without being obliged to disclose the reason). In case of the cancellation of the Event or the refusal to allow you to participate further, no refund of any sums paid will be made.

4.1         You agree to have the “K8Rally logo” and official Event sponsors’ stickers attached to your vehicle (and any support vehicle if the Organiser so requires) during the entire Event. You shall not deface, cover-up or otherwise obscure such stickers, and you shall endeavour to keep them clean and visible at all times. Stickers are non-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.

4.2         Personal sponsorship for your vehicle, your support vehicle or your clothing is only permitted if you obtain the Organiser’s prior written consent. Subject to obtaining the Organiser’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/sponsors’ name, 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 the Event’s official sponsors. The Organiser shall be entitled to determine the size and location of your sponsor’s/sponsors’ name, marks and/or logos on your vehicle, support vehicle and/or clothing. If you wish to place your own sponsor’s/sponsors’ names, marks and/or logos on your vehicle, support vehicle and/or your clothing, you should submit a written request (to the Organiser) for permission to do so at least 90 days prior to the commencement of the Event together with the required vector EPS format logo. You shall only be entitled to place your sponsor’s/sponsors’ names, marks and/or logos on your vehicle, your support vehicle and/or clothing in the sizes and locations agreed with the Organiser provided that your sponsor/sponsors does not/do not compete or conflict with the Event’s official sponsors. The Organiser reserves the right to refuse unauthorised 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. The Organiser is not responsible for any claims arising out of any failure to display personal sponsor information on a participant’s vehicle.

4.3         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 authorised by the Organiser, 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 any sums paid).

5             Media

5.1         By participating in the Event you consent to be photographed and to be included in the filming of footage documenting the Event. You hereby waive any and all rights of publicity or privacy and grant the Organiser full and complete permission to utilise and exploit your appearance in the Event in any and all manner and media throughout the world in perpetuity. You further agree 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. You consent to 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. You expressly release the Organiser, its directors, officers, agents, employees, consultants, licensees and assigns 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.

5.2         You are only entitled to take photographs and film footage of your participation in the Event for non-commercial purposes (that is for personal and private use only). Specifically, you are not entitled to reproduce or use photographs or footage of the Event on any website for a commercial purpose, in any printed media or matter or in any television programme without first obtaining the prior written consent of the Organiser. You hereby agree to assign (by way of present assignment of future copyright) all right, title and interest in the worldwide copyright and all intellectual property rights in such photographs or footage in perpetuity together with exclusive worldwide rights of exploitation thereof to the Organiser. At the Organiser’s request, you shall deliver to K8Rally Limited within 30 days of the end of the Event, at no cost to the Organiser, a tape in DigiBeta (PAL) or in DV (PAL) format of all the footage originated by you at the Event and copies of all photographs taken at the Event.

5.3         You shall not be entitled to arrange or conduct any media appearances or make statements to the press relating to your participation in the Event without obtaining the prior written consent of the Organiser. In the event that any press statements or media appearances are issued or required in any way in connection with your participation in the Event, you will cooperate fully with the Organiser in such activities.

5.4         You shall not be entitled to use the “K8Rally logo” for any purpose whatsoever (other than placing the sticker of it on your vehicle) without obtaining the prior written consent of the Organiser. In particular, you shall not be entitled to use the “K8Rally logo” on any website or in printed materials without obtaining the Organiser’s prior written consent.

6             Refunds

6.1         Should you not be able to participate in the Event due to medical reasons, there will be NO refunds of the Entrance Fee unless a medical reason has occurred AND the Organiser has been notified of the cancellation in writing on or before 18^th June 2009. Subject to the Organiser receiving a medical report outlining the exact reason for withdrawal, a full refund will be given minus £1,000 (One Thousand Pounds Sterling) administration charge.

6.2         Following commencement of the Event, the Organiser will NOT make any refund of the Entrance Fee or pay compensation to you if you are unable to continue in the Event for any reason whatsoever. Although all vehicles have sufficient time to arrive at each destination, the route of the Event is demanding. If you do not manage to complete any part of the route and are unable to stay at the provided venues you will NOT be entitled to any refund of the Entrance Fee whatsoever. Upon entering the Event, venues are hired and “dropping out” does not entitle you to any compensation. 

6.3         The Organiser shall not be liable for any delay in meeting, or failure to meet, its obligations under these terms and conditions due to any cause outside its reasonable control including (without limitation) acts of God, war, riot, malicious acts of damage, fire, acts of any government authority, failure of the public electricity supply, strike, lock-out or labour dispute or apprehension thereof (whether or not the settlement of the matter is at the discretion of the party in question) and in other cases defined as Force Majeure by any applicable laws and regulations. For the avoidance of doubt, if the Organiser acting reasonably decides to call off the Event either before the Event or during the Event due to an incident (such as for example, a death or serious injury in connection with the Event, or an event that otherwise naturally detracts from the Event), such incident 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 any sums paid to any participant.

7.1         These terms and conditions will be interpreted in accordance with the law of Scotland, and you hereby submit to the non-exclusive jurisdiction of the Scottish Courts in relation to any disputes arising from these terms and conditions.

7.2         These terms and conditions constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement reached between the parties whether in oral or written form.

7.3         The Organiser reserves the right to change these terms and conditions from time to time subject to notifying you of the changes. You shall be deemed to have accepted the amended terms and conditions by participating in the Event.

8.1         I acknowledge and realise that participation in 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 realise that my participation in the Event may result in serious bodily injury and/or death to myself, or others. I further realise and understand that the route of the Event will require driving on public roadways upon which the hazards of travelling are to be expected. Further, I realise 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.

8.2         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 cannot guarantee that the participants will abide by these terms and conditions.

8.3         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 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) save that nothing in these terms and conditions shall be construed as excluding or limiting: i) the participant’s right to claim for recovery of the Entrance Fee; ii)the Organiser’s liability for personal injury or death arising from its negligence or the negligence of persons under its control; and iii) liability for fraudulent misrepresentation or any other liability to the extent that it cannot be excluded or limited by law. This release and discharge includes, but is not limited to, claims for property damage, economic loss, breach of contract, lost wages, contribution indemnity, indemnity, punitive damages, negligence, or any other legally recognisable claim arising out of my participation in the Event (including all legal costs associated with such claims).

8.4         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.

8.5         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.

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