Terms & Conditions
THIS AGREEMENT (“Agreement”) is made by the undersigned participant (“Participant”) and Ballyhoo, LLC, a Florida limited liability company (“Ballyhoo”) at 7901 4th Street N; Suite 300; St Petersburg, Florida, 33702, for the purpose of Participant participating in a car rally Event and related activities sponsored by Ballyhoo (“Event”). Participant and Ballyhoo may individually be referred to as “Party” and collectively as “Parties.” The Effective Date of this Agreement is the date of the last signature below. In consideration of Ballyhoo allowing Participant to attend and participate in the Event, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,Participant hereby agrees to the following.
Participant understands and warrants that Participant will be at least 21 years old at the time of Event. Participant agrees to not have passengers in Participant’s vehicle or otherwise include people under the age of 21 at Event.
2. Hazardous Activity
Participant understands, agrees, and acknowledges that participation in the Event may be inherently hazardous and poses a heightened risk of injury, and Participant knowingly accepts and assumes this risk. Participant understand and agrees that the Event may include, but is not limited to, activities involving vehicles, machinery, overnight travel, staying in hotels, shooting firearms, alcohol, possible collisions with pedestrians, driving on public and private roads, interactions with other vehicles and drivers, party busses, strenuous physical exertion, long periods of driving, inclement weather, racetracks, meals, parties, filming, parking vehicles, possible traffic accidents, possible negligent third parties, and food trucks. Participant assumes and accepts all risks inherent in these and any other activities related to or part of the Event, including the risk of serious bodily injury, property damage, and death.
3. Infectious Disease & Injury
Participant agrees that all risks associated with Participant’s participation in the Event, including but not limited to, injury and/or contracting or being exposed to COVID-19 or other infectious diseases, are assumed solely by Participant. Participant agrees nothing herein creates a duty for Ballyhoo to provide security, sanitation or safety measures to Participant. Participant agrees and acknowledges that sole responsibility for Participant’s health, safety, welfare, and security is Participant’s and Ballyhoo shall not be responsible for same.
4. First Aid
Participant consents to the rendering of, and agrees to pay for, emergency first aid and other medical procedures for injury, illness, or medical emergency provided or procured by Ballyhoo or its agent which at the time seem reasonably advisable in the sole discretion of Ballyhoo and its agents. However, Participant acknowledges and agrees that Ballyhoo has no obligation to provide such aid. Participant hereby release the Released Parties (defined below) from any liability for harm, injury or death related to such first aid and/or medical procedures.
5. No Unsafe Driving
The Event is not a race or a competition. Participant acknowledges and agrees that Participant will not compete in any manner with others. Participant agrees that Participant will not place any bets of any kind in relation to the Event. Participant agrees that Participant will drive safely and with proper courtesy to all other Event participants and members of the public. Participant agrees that Participant will not drive if Participant’s ability to do so safely and properly is in any way compromised by illness, lack of adequate rest, medicines, alcohol, intoxication, the influence of illegal substances, or any other condition that will put Participant and other Event participants, the general driving public, pedestrians, and any other persons or property at risk in any way whatsoever. Participant agrees there is no reckless driving allowed including, but not limited to, cutting off other cars, driving on shoulders of roads, driving on sidewalks, or endangering other drivers, pedestrians, property, vehicles, or the public. Participant agrees to not drive unless Participant is completely sober, well rested, and not under the influence of alcohol or any other intoxicating substance.
6. Compliance with Driving Laws & Regulations
Participant acknowledges and agrees that Participant will comply with all applicable laws, rules, and regulations of the jurisdiction in which Participant is present at any given time during the Event, including, but not limited to, all speed regulations, stop lights, stop signs, other traffic indicators and signs, laws of the road, laws relating to the safety of Participant’s vehicle and operation of Participant’s vehicle, laws relating to registration of Participant’s vehicle, laws relating to Participant’s personal license to operate a vehicle, insurance laws relating to operation of Participant’s vehicle, and laws relating to the possession or use of alcohol, drugs or other prohibited substances.
7. Driver License & Vehicle Registration
Participant agrees to show Participant’s current, valid, and unrestricted driver license and vehicle registration to Ballyhoo or its agents upon request at any time before and during the Event. Participant warrants that the vehicle Participant will use to participate in the Event is registered in Participant’s name.
Participant agrees and warrants that Participant has all insurance required by law for the vehicle Participant will use to participate in the Event, including but not limited to liability coverage. Participant agrees to provide documentation of such vehicle insurance to Ballyhoo and its agents upon request. Participant warrants that Participant maintains medical insurance coverage for Participant and will have evidence of such insurance available at all times during the Event. Participant understands and agrees that there is no guarantee or expectation that insurance coverage of any type is or will be provided by the Released Parties for the Event or any claims.
9. Ejection from Event
Participant agrees to follow all rules of the Event as expressed by Ballyhoo or its agents. If an agent of Ballyhoo prohibits Participant from participating further in the Event for any violation of the law or the terms of this Agreement, Participant agrees to exit the Event willingly and without further incident. Participant understands and agrees that Participant will receive no refund from Ballyhoo if Participant is removed from the Event for any infraction or improper conduct as determined in the sole discretion of Ballyhoo and its agents.
10. Liability Release
In consideration for being permitted to participate in the Event, Participant hereby waives, releases, and forever discharges, for Participant, its heirs, executors, administrators and legal representatives, any and all rights and/or claims which Participant has, may have, or may hereafter accrue to Participant against Ballyhoo and its officers, affiliates, representatives, contractors, directors, employees, members, consultants, agents, owners, sponsors, promoters, and volunteers (the “Released Parties”) for any and all damages, illness (including COVID and other contagious diseases), injuries (including death), and/or claims which may be sustained by Participant or its vehicle directly or indirectly arising out of Participant’s participation in the Event (including the application of emergency or medical services at the Event) and the use of facilities as part of the Event even if the damages, injuries (including death), and/or claims are caused by the negligence of the Released Parties or otherwise. Participant covenants not to sue the Released Parties for any and all damages, injuries (including death), and/or claims which may be sustained by Participant directly or indirectly arising out of Participant’s participation in the Event. This release and discharge include, but is not limited to, claims for personal injury, death, property damage, premises liability, economic loss, breach of contract, lost wages, contribution indemnity, indemnity, punitive damages, negligence, or any other legally recognizable claim arising out of Participant’s participation in the Event (including all legal costs associated with such claims). Participant agrees that any claims must be brought, if at all, no later than within one year of the date such claims first accrue.
To the fullest extent permitted by law, Participant hereby forever remises, releases, acquits, discharges and indemnifies and holds harmless the Released Parties from and against any and all causes of action, claims, third party claims, counterclaims, suits, debts, damages, losses, demands of whatever kind and nature, known and unknown, anticipated and unanticipated, and expenses including, but not limited to, attorney's fees, arising out of, related to, resulting to, or resulting from Participant’s actions or inactions before, after, during, or related to the Event.
Participant agrees and consents to be photographed and included in filming by Ballyhoo and its agents of video and audio footage documenting the Event. Participant hereby waives any and all rights of publicity or privacy and grants Ballyhoo unlimited, worldwide, and perpetual intellectual property rights and permission to use and exploit Participant’s appearances in the Event in any and all manner including the right to make and use derivative works. Participant further agrees that Ballyhoo has the sole discretion to use or refuse to use any photographs or footage in which Participant may appear. Participant consents to the use of Participant’s name(s), image(s), likeness(es), voice(s) and biographical and personal information in connection with any and all footage, publicity and related promotional material and for any and all publicity and promotional purposes. Participant understands and agrees that Participant will receive no compensation for such use. Participant expressly releases the Released Parties 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 the production, distribution, broadcast or exhibition of photographs, video, sound recordings, footage or any other promotional materials created from Event. Participant understands and agrees that any photos, video, or audio recordings Participant creates at the Event are not to be used for any commercial or public purpose, but instead may be used solely for Participant’s personal and non-commercial use, unless Participant receives prior written permission from Ballyhoo for other uses. Participant will not conduct any media appearances while participating in the Event without advanced written permission from Ballyhoo.
13. Other Participants
Participant understands and acknowledges that the Event will have other participants, volunteers, and third parties and that Ballyhoo has only limited control over the behavior of the other persons at the Event. Participant understands and agrees that Ballyhoo is not accountable, liable, or responsible for the actions and inactions of other participants, volunteers, and third parties at or near the Event.
If any provision of this Agreement is found to be unenforceable or invalid under applicable law, the remaining provisions shall continue to be fully enforceable and valid.
15. Refund Policy
Participant acknowledges and agrees that all payments made to Ballyhoo as consideration for Participant’s participation in the Event are final and not refundable and that Ballyhoo is not responsible if any part of the Event is in any way modified or limited due to fire, earthquake, epidemic/pandemic diseases, cyclone, hurricane, flood, aridity, strike, lightning, revolution, war, acts of government, terrorist activities or force majeure.
Participant understands and agrees that Ballyhoo may cancel the Event prior to the beginning of the Event for any reason or may cancel Participant’s registration in the Event prior to the beginning of the Event for any reason. In such case, In such circumstances, Ballyhoo will not reimburse travel costs or any other cost incurred by Participant related to Event. Participant understands and agrees that if Participant must cancel Participant’s participation in an Event prior to the start of the Event, Ballyhoo will not provide a refund but will instead permit Participant to transfer Participant’s registration to a different person and that the new participant must complete registration with Ballyhoo before being permitted to participate in the Event.
18. Badges & Custom Livery
If provided and requested by Ballyhoo, Participant agrees to wear a badge and have Ballyhoo’s custom livery and decals placed on Participant’s vehicle during the Event, including materials, trademarks, and logos from Ballyhoo’s sponsors. Participant agrees to not obscure or alter such materials and keep them clean and visible during the Event. Participant hereby releases Ballyhoo from liability for any damage to Participant’s possessions or vehicle caused by or resulting from the installation, use, and removal of such badges, custom livery, or decals. Participant agrees to not use Ballyhoo’s badges, custom livery, and decals in any way that disparages Ballyhoo or outside of the Event without express written permission from Ballyhoo.
19. No Other Sponsorship
Participant agrees to display no logos or trademarks for any business or entity on Participant’s vehicle or person during the Event other than those provided by Ballyhoo.
Participant agrees to not use knowledge Participant gained through registration for and participation in the Event about Ballyhoo’s operations to create a commercial offering in competition with Ballyhoo.
21. Amended Terms
Participant understands and agrees that Ballyhoo may amend the terms of this Agreement and notify Participant of such amendment at any time prior to the Event. If Participant participates in the Event, Participant’s participation constitutes acceptance of the amended terms.
This Agreement shall be governed in accordance with the laws of the State of Florida, and any disputes shall be adjudicated by the courts of the State of Florida. It is Participant’s expressed intent that this Agreement shall bind Participant, Participant’s heirs, assigns and personal representatives if Participant is deceased. Participant hereby knowingly and voluntarily waives any right to a jury trial of any dispute arising out of or in connection with this Agreement or the Event.
23. No Other Agreements
Participant agrees this Agreement supersedes any other prior agreements, oral or otherwise. Participant certifies that Participant has read and understands all of the above and acknowledges and agrees to all terms and conditions.