Participator Terms & Conditions
Participator Terms & Conditions
GOODGUY ENTERPRISES, INC.
REGISTERED PARTICIPANT TERMS & CONDITIONS
ENTRY AND ADVERTISING RELEASE
In consideration of Goodguy Enterprises, Inc., d.b.a. Goodguys Rod and Custom Association, (“Goodguys”) accepting entry of the vehicle identified by the entry number specified below into this Goodguys’ event, each of the following persons (the owner, designer and operator of the vehicle, and their spouse and /or guests), as represented and authorized by the person whose name and signature is listed below, do hereby authorize, permit, give, grant, license, relinquish and release to Goodguys, and to any of its affiliates, licensees agents and representatives, the absolute right to do each of the following activities involving the vehicle, and /or each said persons, whether for commercial and non-commercial purposes and uses, whether in connection with, before, during, or after the event or otherwise, and without any further payment, consideration or notice from Goodguys, and in the sole discretion of Goodguys, to:
(a) photograph, draw, depict, copy characterize, and/or recreate any images or likeness of the vehicle, and/or each of said persons;
(b) design, recreate, manufacture, produce, use, distribute and/or sell copies, replicas, miniature and/or toy models of the vehicle;
(c) print, publish, distribute, disclose, and/or release details and /or information about the vehicle and/or any of said persons; and
(d) create, assemble, manufacture, print, distribute and/or sell advertising, magazines, brochures, flyers, posters, T-shirts, miniature and toys models, packaging, and/or articles of manufacture which show said vehicle and/or said persons, and/or any image thereof.
These rights to Goodguys include, but are not limited to, any proprietary rights, intellectual property and/or copyright interests necessary to carry out each of the above-identified activities, and further includes world-wide, non-exclusive and royalty-free license.
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
IN CONSIDERATION of being permitted to attend, compete, officiate, observe, work, or participate in any way in the EVENT(S) or being permitted to enter for any purpose any RESTRICTED AREA (defined as any area requiring special authorization, credentials, or permission to enter or any area to which admission by the general public is restricted or prohibited), EACH OF THE UNDERSIGNED, or himself, his personal representatives, heirs, and next of kin:
1. Acknowledges, agrees, and represents that he has or will immediately upon entering any of such RESTRICTED AREAS, and will continuously thereafter, inspect the RESTRICTED AREAS which he enters, and he further agrees and warrants that, if at any time, he is in or about RESTRICTED AREAS and he feels anything to be unsafe, he will immediately advise the officials of such and if necessary will leave the RESTRICTED AREAS and/or refuse to participate further in the EVENT(S).
2. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the promoters, participants, racing associations, sanctioning organizations or any subdivision thereof, track operators, track owners, officials, car owners, drivers, pit crews, rescue personnel, any persons in any RESTRICTED AREA, sponsors, advertisers, owners and lessees of premises used to conduct the EVENT(S), premises and event inspectors, surveyors, underwriters, consultants and others who give recommendations, directions, or instructions engage in risk evaluation or loss control activities regarding the premises or EVENT(S) and each of them, their directors, officers, agents, employees, representatives, owners, members, affiliates, successors and assigns all for the purposes herein referred to as “Releasees,” FROM ALL LIABILITY TO THE UNDERSIGNED, his personal representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
3. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur arising out of or related to the UNDERSIGNED’S INJURY OR DEATH, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
4. HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the EVENT(S) whether caused by the NEGLIGENCE OF RELEASEES or otherwise.
5. HEREBY acknowledges that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED, also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCRESSED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES. THE UNDERSIGNED IS AWARE OF THE INHERENT RISKS OF INJURY, DEATH, AND PROPERTY DAMAGE INVOLVED IN ATTENDING THE EVENT, INCLUDING WITHOUT LIMITATION RISKS DUE TO MOVING VEHICLES, ATTENDING MASS GATHERINGS, CONTAMINATION, ILLNESS, AND PANDEMIC AND EPIDEMIC LEVEL ILLNESSES. USER IS AWARE OF THE RISKS OF INJURY, DEATH, AND PROPERTY DAMAGE THAT MAY RESULT FROM, AMONG OTHER CAUSES, THE ACTIVE OR PASSIVE NEGLIGENCE OF GOODGUYS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ENTRANTS (COLLECTIVELY, “RELEASED PARTIES”), INCLUDING WITHOUT LIMITATION THE RISK OF NEGLIGENT INSTRUCTION OR SUPERVISION. USER IS VOLUNTARILY IN ATTENDANCE AT THE EVENT WITH KNOWLEDGE OF THE RISKS OF INJURY, DEATH, PROPERTY DAMAGE, ILLNESS, AND OTHER RISKS, AND ASSUMES ANY AND ALL KNOWN AND UNKNOWN RISKS OF INJURY, DEATH, AND PROPERTY DAMAGE THAT MAY RESULT FROM ATTENDANCE AND PARTICIPATION IN ANY ACTIVITY AT THE EVENT.
6. THE UNDERSIGNED RELEASES RELEASED PARTIES FROM ALL LIABILITY TO THE UNDERSIGNED AND THE UNDERSIGNED’S PRINCIPALS, EMPLOYEES, AGENTS, REPRESENTATIVES, GUARDIANS, SUCCESSORS, ASSIGNS, HEIRS, CHILDREN, AND NEXT OF KIN FOR ALL LIABILITY, CLAIMS, DAMAGE, OR DEMANDS FOR PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE, ARISING FROM OR RELATED TO THIS AGREEMENT OR TO ATTENDANCE AT AND/OR PARTICIPATION IN ANY ACTIVITY AT THE EVENT, WHETHER THE INJURY, ILNESS, DEATH, OR PROPERTY DAMAGE OCCURS ON OR OFF THE PREMISES. THIS RELEASE INCLUDES, WITHOUT LIMITATION, ANY PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF ANY OF THE RELEASED PARTIES. THE UNDERSIGNED BEARS SOLE RESPONSIBILITY FOR ANY LOSS.
7. Goodguys provides no guarantee or assurances that the EVENT will proceed as scheduled and Goodguys is prevented from complying, in whole or in part with the Agreement, by strikes, lockouts, action of the elements, laws, orders, pandemics or epidemics, rules and regulations of any federal, state, municipal or other governmental agency, acts or requests of any governmental officer or agent purporting to act under authority, exhaustion or unavailability or delays in delivery of necessary materials and equipment, or other matters or conditions beyond the control of Goodguys.
8. HEREBY agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as is permitted by the laws of the State or Province in which the Event(s) is/are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I ACKNOWLEDGE THAT GOODGUYS IS MATERIALLY RELYING ON THIS WAIVER AND IS ALLOWING THE UNDERSIGNED TO ATTEND AND/OR PARTICIPATE IN ANY ACTIVITY AT THE EVENT BECAUSE OF MY VOLUNTARY EXECUTION OF THIS AGREEMENT.