2017 CANNONBALL RUN
TERMS AND CONDITIONS
AND RELEASE FROM LIABILITY
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE RUN TRAVEL, INC. PLEASE READ THESE ENTIRE TERMS AND CONDITIONS CAREFULLY BEFORE YOU REGISTER. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR PARTICIPATION IN THE 2016 CANNONBALL RUN (the “RUN”).
1. Nature of the Event.
The 2016 Cannonball Run (the “Run”) is about fun and exploration, and is not a competitive event.
Participants will drive Vehicles they provide along the the Run route (each a “Vehicle”), which includes the following stops: Atlanta, GA, Amelia Island, FL, Palm Beach, FL, Key West, FL, Havana, Cuba (2 nights) (the “Tour”). The Tour and stops are subject to change at the discretion of TRT. You will be responsible getting your Vehicle to the starting grid and back to your home or where the car is kept post-rally.
2. What’s Included.
TRT will provide the following events, accommodations and services to you during the Run:
• Hotel rooms for every night/double occupancy
• Transportation to and from Cuba and other activities.
Events, services and accommodations are subject to change. While TRT will make reasonable attempts to maintain a similar level of events, services and accommodations, in the event of any change, TRT does not promise or guarantee any specific class of event, services or accommodation, or any specific class of room at any of the lodging provided during the Run.
3. Prohibited Conduct.
The prohibitions of this section apply from the time the Run starts on October 18, 2016 until the time the Run ends on October 24, 2016, regardless of whether you are traveling on or outside the Run route or stopped in any given location.
B. Prohibited Acts.
Prohibited acts include, but are not limited to the following. Any violation may subject you to immediate discharge from the Run:
- Use of Alcohol and Drugs
- Possession of any containers of alcohol in your Vehicle interior that are not manufacturer sealed.
- Being under the influence of alcohol while driving any Vehicle during your participation in the Run in any way.
- The use, possession, purchase, sale, manufacture, distribution, transportation, or dispensation of any illegal drug or other controlled substance.
- Being under the influence of any illegal drug or other controlled substance at any time during the Run.
- The abuse of any legal drug
- Driving while impaired by the use of a legal drug whenever such impairment might
o Endanger the safety of you or some other person;
o Pose a risk damage to your Vehicle or other property Violation of Laws.
- Violation of any city, county or state ordinance, code, regulation, statute or law for any location you are in at the time
- Violation of any Federal code, law, statute or regulation at any time
- Violation of the laws of any Country you are in
- Violation of laws includes, but is not limited to:
o Violation of any traffic regulations, ordinances, codes and statutes.
o Violation of any vehicle licensing, safety, registration or traffic regulations, ordinances, codes and statutes.
Driving above the speed limit or violating any traffic law is illegal as is reckless driving. CBR does not condone breaking the law in any form.
- Other Prohibited Conduct
Operating any Vehicle in any other condition or in any other manner which makes you unable to drive safely, including but not limited to:
o Lack of Sleep
o Use of any device while driving which may cause you to become distracted from driving
Any Conduct Which Might:
o Endanger the safety of you or any other person;
o Pose a risk to any person or property
o Impair the enjoyment of the Run for any participant or spectator
o Disparage the name of the Run, its organizers and owners, Sponsors or other Run participants
- No Commercial Use of Participation. You may not make any commercial use of your participation in the Run without the prior written consent of TRT.
- No Commercial Use of TRT Intellectual Property. You may not use any TRT intellectual property, including, but not limited to the Cannonball Run logo or logos, any written, audio, photographic or video content created by TRT at any time in any commercial manner whatsoever without express written consent from TRT.
- No Use of TRT Logos on Vehicle. You may not use any TRT logo, including the Cannonball Run logo or other logos associated with TRT on or in your Vehicle at any time in any manner.
- No Media Participation. You agree that you will not participate in or facilitate any communication with any media outlet whatsoever regarding the Run or your participation therein without the prior express written consent of TRT.
4. Requirements to Participate.
Agreement to Terms and Conditions. In addition to agreeing to all of the terms and conditions presented here before you register for the Run on this website, you and anyone else participating in the Run with you as a driver or passenger will be required to acknowledge your agreement with these terms and conditions again before starting the Run.
Responsibility for Conduct. I AGREE THAT I AM SOLELY RESPONSIBLE FOR MY OWN BEHAVIOR, CONDUCT AND ACTIVITIES DURING THE RUN, AND THAT MY OBSERVATION OR KNOWLEDGE OF ANY PROHIBITED CONDUCT OR MENTION OF ANY PROHIBITED CONDUCT BY TRT OR ANYONE PARTICIPATING IN THE RUN IN ANY WAY IS NEITHER AN EXPRESS OR IMPLICIT AUTHORIZATION THAT SUCH CONDUCT IS AUTHORIZED BY THE RUN.
Minimum Age. Any person riding in or driving a Vehicle entered in the Run must be 21 or over.
Payment. The cost to participate in the Run is $11,00.00 (Two payments of $5,500.00 USD, one at time of registration and the second payment due 30 days later). By registering for the Run you authorize the above payment when due. TRT reserves the right to terminate your spot should the first payment not be received within five (5) days.
Limited Places and Availability. Registrations are limited and availability is not guaranteed. You will be notified by email at the email address you provide within 10 business days after your registration if you have been accepted. If through no fault of your own you are not accepted to participate in the Run after you have made your initial deposit, that deposit will be refunded with 10 business days.
No Cancelations or Refunds. Once you have been accepted to participate in the Run, the Run has a strict NO REFUND policy and your initial deposit payment and final payment are not refundable at any time, for any reason, regardless of whether you have participated in any or all of the Run. By registering and submitting payment(s) for the Run you acknowledge that you understand this policy and agree that forfeiting your payment(s) is a reasonable calculation of the damages the Run would face if you cancelled or if you fail to make payment for any balance due after your initial registration, given the nature in which events, accommodations and travel for Run participants are coordinated. You agree that you will forfeit any payment(s) you have made if you cancel your registration or are unable to participate in the Run for any reason after you are accepted.
Valid Driver’s License. Any person driving any Vehicle during their participation in the Run shall possesses at all times a valid driver’s license, with no restrictions the driver cannot comply with at all times during the Run, for the operation of that Vehicle at all times. A valid license shall be a current license issued by (i) any state within the United States, (ii) Canada or (iii) any governmental agency in a country outside the United States with the authority to issue driver’s licenses in that country.
International Drivers Permit. If you are driving with a license issued outside the United States or Canada you must also hold an international driver’s permit (“IDP”). An IDP can only be issued through the agency that issued your original driver’s license. If you will need an IDP, allow enough time to have one issued before you travel to the United States for the Run.
Vehicle Registration. Any Vehicle participating in the Run must be currently and legally registered for operation within the United States. The laws for operating a foreign registered Vehicle vary from state-to-state. You are solely responsible for ensuring that your Vehicle can be legally operated in the states in which the Run will take place.
Vehicle Decals. You agree to allow TRT to attach decals to your Vehicle prior to the start of the Run and during the Run in any location which will not impair the safe operation of your Vehicle. Decals may include but are not limited to those identifying the Cannonball Run and its Sponsors. You further agree that any decals shall be kept on your Vehicle, fully visible and in good condition, until the Run has officially ended. You acknowledge that TRT will not be responsible for any claims of damage to your Vehicle related to or arising from the application or removal of any decal.
Non-TRT Sponsorship. Any sponsorship of you or your Vehicle for the Run, including but not limited to any logo placements on your clothing, person or Vehicle must be approved by TRT in writing, and is at TRT’s sole discretion.
Consent to Use of Images, Likeness and Recordings. By registering for and/or participating in the Run you hereby irrevocably consent to and authorize the use by TRT and its assignees and licensees, of any and all likenesses, images or audio or video recordings created or taken of you in any manner or format during the Run, whether created or taken by you or TRT, and any reproduction of them in any form in any media whatsoever, in connection with the Run in any and all ways, and in any derivative work based thereon throughout the universe, in perpetuity. You also consent to the use of your own name in conjunction with the use of the likenesses, images or audio or video recordings aforementioned. You further release any and all claims whatsoever in connection with the use of your image, likeness or audio or video recording and your name and the reproduction thereof as aforesaid and expressly release TRT from and against any and all claims which Participant has or may have for invasion of privacy, defamation or any other cause of action arising out of or related to any use of the aforementioned images, likeness or audio or video recording(s).
5. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL CANNONBALL RUN, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, CONSULTANTS, CONTRACTORS, AGENTS OR ASSIGNS (Collectively, “TRT”) BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE RUN OR YOUR PARTICIPATION THEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Indemnification. You shall indemnify, defend and hold TRT harmless from all claims, demands, and liabilities arising out of your participation in the Run in any way. Indemnification shall include, but is not limited to, attorneys’ fees and the reasonable costs of litigation, and any loss by reason of personal injury or property damage.
7. Delays, Contingencies and Force Majeure. In the event TRT is forced to shut down, shorten or curtail the Run or is unable to conduct the Run or any portion of it at the days and times specified because of fire, flood, windstorm, or other act of God, accident, fire, explosion, labor disturbance, act of any government or any agency or subdivision thereof, judicial action, sabotage, insurrection, riot or other act of civil disobedience, act of a public enemy, technical failure, shortage of materials, labor, machinery, energy, or transportation, or any cause whether or not similar to the causes listed above, beyond TRT’s reasonable control, TRT reserves the right, at its option, to cancel the Run, without any liability to you whatsoever.
8. RELEASE OF FUTURE CLAIMS – HAZARDOUS ACTIVITY
a. Voluntary Participation. I, acknowledge that I have voluntarily applied to participate in the 2016 Cannonball Run to be held October 18 – 24, 2016 on the Route described above, or as the Route may change prior to or during the Run.
b. Assumption of Risk. I AM AWARE THAT THE CANNONBALL RUN IS A ROAD RALLY AND IS A HAZARDOUS ACTIVITY. I UNDERSTAND THAT THE HAZARDS INCLUDE, BUT ARE NOT LIMITED TO SERIOUS INJURY OR DEATH OF MYSELF OR OTHERS, AS WELL AS DAMAGE TO MY VEHICLE OR OTHER PROPERTY, WHICH HAZARDS MAY BE CAUSED BY BUT ARE NOT LIMITED TO TRAFFIC ACCIDENTS, MECHANICAL BREAKDOWN OF MY VEHICLE OR OTHERS, ROAD HAZARDS AND INCLEMENT WEATHER.
c. I AM VOLUNTARILY PARTICIPATING IN THIS ACTIVITY WITH FULL KNOWLEDGE OF THE DANGER INVOLVED, WHETHER THAT DANGER IS EXPRESSLY STATED ABOVE OR NOT, AND HEREBY AGREE TO ACCEPT ANY AND ALL RISKS OF INJURY OR DEATH, AND ANY AND ALL INJURY TO MY VEHICLE AND OTHER PROPERTY, AND VERIFY THIS STATEMENT BY PRESSING THE "ADD TO CART" BUTTON WHEN PAYING FOR THE RUN.
d. Release. As consideration for being permitted by TRT to participate in these activities, I hereby agree that I, my assignees, heirs, distributees, guardians, and legal representatives will not make a claim against, sue, or attach the property of TRT on account of any and all injury or damage resulting from the negligence or other acts, howsoever caused, by any director, officer, shareholder, consultant, employee, agent, assign or contractor of TRT as a result of my participation in the 2016 Cannonball Run. I hereby release TRT from all actions, claims, or demands that I, my assignees, heirs, distributees, guardians, and legal representatives now have or may hereafter have for injury or damage resulting from my participation in the 2016 Cannonball Run.
e. Knowing and Voluntary Execution. I HAVE CAREFULLY READ THIS RELEASE AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN ME AND CANNONBALL RUN, INC. AND AGREE TO THE TERMS OF THIS AGREEMENT OF MY OWN FREE WILL.
a. Entire Agreement. This contract supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject of this contract. This contract contains all of the covenants and agreements between the parties with respect to the subject of this contract, and each party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except the covenants and agreements embodied in this contract. No agreement, statement, or promise not contained in this contract shall be valid or binding between the parties with respect to the subject of this contract.
b. Severability. If any term of this agreement is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the agreement terms shall remain in full force and effect and shall not be affected.
c. Construction. This Agreement shall be construed: (1) as if drafted jointly by the parties and no presumption shall be made by virtue of the authorship of any of the provisions of this Agreement; (2) as not conferring any rights or benefits upon any person not a party to the Agreement; and (3) the captions contained in this Agreement are for reference purposes only and are not part of the Agreement.
d. Headings. The section headings in this Agreement are for convenient reference only and shall be given no substantive or interpretive effect.
e. Notices. All notices made under this Agreement shall be by United States registered or certified mail return receipt requested. Notice is effective upon receipt. Notice to you shall be made at the address you provide during registration. Notice to TRT shall be made at:
23586 Calabasas Road, Suite 203, Calabasas CA 91302
f. Arbitration. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles County, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitrator shall be either a retired Superior Court judge from Los Angeles or Orange County; or a lawyer with no less than 10 years of active practice in the matter or matters being arbitrated.
The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.
In any arbitration arising out of or related to this Agreement, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages.
In any arbitration arising out of or related to this Agreement, the arbitrator shall award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration.
This Agreement and the rights of the parties related to or arising hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules.
By registering for the Run, I acknowledge that I have read in full, understand and agree to all of the above terms and conditions.