FOG Rally Terms & Conditions
Participants must agree to all terms and conditions in the sections below.
Hotels and other additional costs are the responsibility of individual participants.
I confirm that I am authorized to accept the Terms & Conditions of entry as detailed below and that I am over 21 years of age.
BY SUBMITTING THE REGISTRATION FORM, YOU AGREE TO THE FERRARI OWNERS CHARITABLE FOUNDATION “FOG RALLY” ROAD RALLY TERMS & CONDITIONS.
ANY PERSON TRAVELING IN A FOG RALLY VEHICLE MUST READ AND ACCEPT THIS AGREEMENT. BY COMPLETING THE APPLICATION, PAYING YOUR ENTRY FEE, AND PARTICIPATING IN THE FOG RALLY, YOU ACKNOWLEDGE AND AGREE TO ALL TERMS AND CONDITIONS CONTAINED HEREIN.
The FOG Rally is NOT A RACE and the Ferrari Owner’s Group, hereinafter referred to as “FOG,” does not sanction or condone any competition among participants. You are expected to comply with all applicable traffic laws and the California Vehicle Code. FOG reserves the right to accept or reject any application and may terminate participation of any entrant for any reason including but not limited to violation of traffic laws, the California Vehicle Code, or operating a Ferrari that has become unsafe for the driver, passenger(s), other rally participants, spectators, or members of the general public. FOG may prohibit you from participating further in the Rally for any single violation of the foregoing or of any terms and conditions.
The Rally is open to Ferrari vehicles only and must be currently licensed and registered for street use. Proof of current and valid registration of the Ferrari entered in the FOG rally shall be furnished by the Participant to FOG upon request. Participant is responsible for the condition of the vehicle entered and by participating in the Rally, represents that he has inspected the vehicle and that it is in safe working order.
Each Participant shall obtain and maintain throughout the duration of the rally, insurance meeting at least the minimum requirements for registration of a vehicle for road use in the State of California and shall provide proof of such insurance in a form satisfactory to FOG.
Each Driver must have a legal and valid license to operate a motor vehicle at all times during the Rally and shall provide proof of such if so required by FOG.
FOG and its members, board of directors, employees, consultants, agents, staff, volunteers, assigns, and attorneys (collectively, FOG) accept no responsibility for and shall not be liable to any Participant for the consequences of a Participant’s actions or omissions in participating in the Rally, including but not limited to being cited, charged, prosecuted, or prohibited from participation arising from the improper conduct of a Participant at any location, stop, facility, establishment, public road, or any other place a Participant in present during the Rally.
Participant agrees to indemnify, defend and hold harmless FOG against any and all claims, lawsuits or causes of action of any kind arising from the Rally and brought by any third party as a result of Participant’s actions, omissions or participation in the Rally, including but not limited to Participant’s violation of any Federal, State, County or Municipal laws, ordinances or regulations, or Participant’s breach of any terms and conditions contained herein.
FOG is not responsible if it cannot fulfill its obligations due to fire, earthquake, epidemic diseases, cyclone, flood, aridity, strike, lightning, revolution, terrorist activities, war, and in other cases generally accepted as Acts of God or Force Majeure under the statutes and case law of the State of California.
Participant agrees to affix FOG logos and entry numbers and any other logos designated by FOG, including but not limited to FOG Rally sponsors, on the area of Participantâs vehicle designated by FOG and shall remain affixed to Participant’s vehicle during the entire Rally. Participant may not obscure or alter such logos and must keep them clean, unobscured and readily visible at all times during the Rally. Such logos will be easily removable without damaging vehicle finishes. FOG will therefore not be responsible for claims of damage to vehicle finishes as a result of the application or removal of such logos.
Participant agrees to keep visible at all times during the Rally and at all functions associated with the Rally, official FOG credentials.
Personal sponsorship for Participant’s vehicle or Participant’s clothing will be permitted only with the prior written consent of FOG, which may be withheld at the sole discretion of FOG.
After the commencement of the Rally, FOG will make no refunds of any portion of the entry fee or pay compensation to you if you are unable to continue in the Rally for any reason whatsoever. Full or partial refunds prior to the commencement of the Rally may be made at the sole discretion of FOG.
By participating in the Rally, Participant consents to be photographed and to be included in the filming of footage documenting the Rally. Participant hereby waives any and all rights of publicity or privacy and grants the FOG full and complete permission to utilize and exploit Participant’s appearance in the Rally in any and all manner and media throughout the world in perpetuity. Participant further agrees that FOG has the sole discretion to use or refuse to use any photographs or footage in which Participant appears, and that if FOG does use such photographs or footage, it may be edited at FOG’s sole discretion. Participant consents to the use of your name, image, likeness, voice and biographical material in connection with any and all footage, publicity and related promotional material and for any and all publicity and promotional purposes. Participant expressly releases FOG 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, footage or any promotional materials.
Participant is only entitled to take photographs and film or video footage of Participant’s participation in the Rally for non-commercial purposes (that is for personal and private use only). Specifically, Participant is not entitled to reproduce or use photographs or video footage of the Rally on any website, in any printed media or matter or in any television program without first obtaining the prior written consent of FOG. Participant hereby agrees to assign (by way of present assignment of future copyright) all of Participant’s 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 FOG and deliver to FOG within 30 days of a request by FOG of copies of all photographs for footage in like kind and quality to the original taken at the Rally.
Participant shall not be entitled to use the FOG logo and any other logos designated by FOG for placement on Participant’s vehicle during the Rally for any commercial purpose other than placing the logo on Participant’s vehicle during the Rally without obtaining the prior written consent of the FOG. In particular, Participant shall not be entitled to use the FOG Rally and any other logos designated by FOG for placement on Participant’s vehicle during the Rally on any website or in printed materials without obtaining FOG’s prior written consent.
FOG reserves the right to change these terms and conditions, subject to notification to Participant of the changes. Participant shall be deemed to have accepted the amended terms and conditions by participating in the Rally.
These terms and conditions, this agreement and Participant’s participation in the Rally shall be governed in accordance with the laws of the State of California and Participant submits to the jurisdiction of the Courts of the State of California. By completing the entry form, participating in the Rally, and accepting these terms and conditions, Participant is entering into a legally binding agreement with the Ferrari Owne’s Group to participate in the Rally on these terms and conditions.
A. Risks Associated with Participation
Participant acknowledges and realizes that participation in the Rally is potentially dangerous and that there are numerous risks and hazards associated with participation. Further, Participant fully understands and realizes that participation in the Rally may result in bodily injury and property damage to the Participant or to others. Participant further realizes and understands that the route of the Rally suggested by FOG is not maintained by FOG and any conditions encountered are not under the control of FOG and therefore no liability for damage, injury or delay will be attributable to FOG.
B. Assumption of Risk
With full knowledge and understanding of the risks associated with participation in the Rally, Participant enters the Rally voluntarily and fully accepts and assumes every such risk for loss, damage, or injury (including death).
C. Compliance with Terms and Conditions of Entry
Participant agrees to comply with all the Rally’s terms and conditions of entry. Participant acknowledges and understands that FOG 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.
D. Release of Liability
In consideration for being permitted to participate in the Rally, Participant hereby waives, releases, and forever discharges, for Participant, his heirs, executors, administrators and legal representatives, any and all rights and/or claims that Participant has, may have, or may hereafter accrue to Participant against FOG and Rally sponsors for any and all damages, 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 Rally (including the application of emergency or medical services at the Rally) even if the damages, injuries (including death), and/or claims are caused in whole or in part by the negligence of those persons listed above. Nothing in these Terms and Conditions shall be construed as excluding or limiting FOG’s liability for its sole negligence. Further, Participant agrees to indemnify, defend and hold harmless FOG and Rally sponsors for any and all damages, injuries (including death), and/or claims or charges that may be sustained by Participant directly or indirectly arising out of Participant’s participation in the Rally. This release and discharge includes, but is not limited to, claims for personal injury, death, property damage, 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 Rally (including all legal costs associated with such claims).
Participant hereby agrees to release, defend, indemnify, and hold harmless FOG and Rally sponsors and licensees and assigns from and against any and all claims, demands, damages, suits, liabilities or actions arising directly or indirectly out of Participant’s actions or otherwise from Participant’s participation in the Rally whether made or claimed during or after the Rally, including all associated costs and expenses and any amounts which FOG may pay as a settlement or compromise of any such claims or liabilities.
Golden Gate Ferrari Festival Terms & Conditions
Participants must agree to all terms and conditions in the sections below.
Release, Waiver and Indemnity Agreement
IN CONSIDERATION of being permitted to participate in the Golden Gate Ferrari Festival (“the Festival”) on Saturday, September 10, 2016, by checking the box titled “I Agree to the Above Waiver,” the Undersigned/Entry Applicant/Vehicle Owner hereby:
1. RELEASES. WAIVES and DISCHARGES FROM ANY AND ALL LIABILITY AND COVENANTS NOT TO SUE the Ferrari Owners Charitable Foundation, Ferrari Owners Group, Team Pro Event, Make-A-Wish Greater Bay Area, and the City of San Francisco, and each of their officers, directors, members, volunteers and employees as well as all car owners, promoters, sponsors, advertisers or others involved in the Festival (collectively “RELEASEES”) in connection with any matter relating in any way to the Festival; the Undersigned/Entry Applicant/Vehicle Owner makes this agreement on his/her own behalf and on behalf of his/her personal representatives, heirs and assigns and expressly includes all claims or demands for personal injury, death, property or other damages, arising out of or relating to the Festival.
2. AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS the RELEASEES: and each of them from any loss, liability, damages, and attorneys’ fees or costs they may incur due to the participation of the Undersigned in the Festival.
3. ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to any act, omission or negligence of any RELEASEE in connection with officiating, observing, working, attending or any other involvement with or regarding the Festival.
The Festival includes the movement of automobiles on and around the Festival grounds that it may be dangerous and to that end, the UNDERSIGNED/Entry Applicant/Vehicle Owner each expressly assumes all risks in this regard. EACH OF THE UNDERSIGNED/Entry Applicant/Vehicle Owner expressly acknowledges and agrees that participating in the Festival may be dangerous and may involve a risk of injury and/or death and/or property damage. EACH OF THE UNDERSIGNED/Entry Applicant/Vehicle Owner further expressly agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of the State of California in which the event will be conducted and that if any portion of it is held invalid, the balance shall, notwithstanding, continue in full legal force.
EACH OF THE UNDERSIGNED/Entry Applicant/Vehicle Owner HAS READ AND VOLUNTARILY SIGNS THIS RELEASE AND WAIVER OF ALL LIABILITY AND INDEMNITY AGREEMENT, and agrees that the braking system of the entered car/s is in good, safe mechanical order and further agrees that no oral representations, statements or inducements apart from this written agreement have been made.