BY COMPLETING THIS REGISTRATION AND PARTICIPATING IN 100|OCT Night at the Auction 2015, YOU (“the Participant”) (A) ACKNOWLEDGE AND AGREE TO ALL TERMS AND CONDITIONS CONTAINED HEREIN; and (B) AGREE TO TENDER PAYMENT OF THE ENTIRE REGISTRATION FEE (ALL ENTRY FEE PAYMENTS ARE FINAL AND NON-REFUNDABLE).
Participant acknowledges that they are voluntarily participating in the event known as the 100|OCT Night at the Auctions 2015 (“the Event”). The Event is a social gathering in Monterey, California. The Event is organized by NorCal Classics, LLC, a California limited liability company, (“NorCal Classics”) and has various sponsors who have provided goods, money and/or support for the Event (the “Sponsors”).
The Event is open to supercars and high end exotic cars only. Places are limited to just forty five (45) vehicles and the only guarantee with respect to available spots is through full payment of entry fee.
Participant must drive safely and with proper courtesy to all other participants and members of the public. Participant must NOT drive if their ability to do so safely and properly is in any way compromised by illness, lack of adequate rest, intoxication (medical or otherwise), influence of illegal substances, or any other condition that will put Participant, and their surrounding Event participants, general driving public, pedestrians, and any other persons or property at risk in any way whatsoever.
Participant shall obtain and maintain appropriate insurance covering their participation in the Event and shall provide proof of such insurance in a form satisfactory to NorCal Classics should they request such documentation. Appropriate insurance includes, without limitation, third party liability, liability coverage, medical insurance, damage to property and life insurance, and insurance covering Participant vehicle's participation in the Event.
NorCal Classics is not responsible if it cannot fulfill its obligations due to fire, earthquake, epidemic disease, cyclone, flood, aridity, strike, lightning, revolution, terrorist activities and similar troubles, and in other cases generally accepted as Force Majeure under the statutes and case law of the State of California.
Personal sponsorship for Participant's vehicle or Participant's clothing is only permitted with the prior written consent of NorCal Classics, which may be withheld in the sole discretion of NorCal Classics. NorCal Classics reserves the right to refuse unauthorized sponsored vehicles from participating in the Event.
Participant must immediately tender payment of the entry fee in the amount of $350 per car (including TWO participants) or risk losing Participant's place in the Event. Once a Participant has tendered the Entry Fee, said Entry Fee is non-refundable and will not be returned under any circumstances, including but not limited to Participant's inability to participate for any reason.
NorCal Classics reserves the right to refuse participation in or to cancel the Event at any time for any reason whatsoever. In case of the cancellation of the Event or the refusal to allow Participant to participate, no refunds of the Entry Fee will be made.
By participating in the Event, Participant consents to be photographed and to be included in the filming of footage documenting the Event. Participant hereby waives any and all rights of publicity or privacy and grants NorCal Classics full and complete permission to utilize and exploit Participant's appearance in the Event in any and all manner and media throughout the world in perpetuity. Participant further agrees that NorCal Classics has the sole discretion to use or refuse to use any photographs or footage in which Participant appears, and that if NorCal Classics does use such photographs or footage, it may be edited at NorCal Classics’ sole discretion. Participant consents to the use of their 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, with the understanding that NorCal Classics will do its best to accommodate all requests for privacy received from our Event's participants. Participant expressly releases NorCal Classics 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.
NorCal Classics reserves the right to change these terms and conditions from time to time subject to notifying Participants of the changes. Participant shall be deemed to have accepted the amended terms and conditions by participating in the Event.
These terms and conditions, this agreement and Participant's participation in the Event 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, exclusively. By completing the registration form, participating in the Event, and accepting these terms and conditions, Participant is entering into a legally binding agreement with NorCal Classics to participate in the Event on these terms and conditions.
Participant understands that while NorCal Classics will endeavor to keep Participant's personal information secure, NorCal Classics does not accept any responsibility should loss or theft of this information occur. Participant consents to their personal details being passed on to other third parties that NorCal Classics deems appropriate.
As consideration for being a participant in the Event, Participant, for themselves, their heirs, personal representatives, assigns and passengers, forever releases, waives, discharges and covenants not to sue NorCal Classics, nor any Sponsor, nor any director, officer, employee, volunteer, agent, contractor, attorney, or representative of either NorCal Classics or of any Sponsor, from any and all actions, claims, or demands that they, their heirs, personal representatives, assigns or passengers now have, or may have in the future, for injury, death, or property damage, related to their participation in the Event.
NorCal Classics, and its members, employees, consultants, agents, staff, assigns, and attorneys 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 Event, including but not limited to being cited, charged, prosecuted, or prohibited from participation arising from the improper conduct of a Participant at any location, facility, establishment, public road, or any other place a Participant is present during the Event.
Participant agrees to INDEMNIFY AND HOLD HARMLESS NorCal Classics and all Sponsors from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of their participation in the Event and agrees to reimburse NorCal Classics and any Sponsor for any such expenses incurred.
Participant expressly agrees that the foregoing Agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion of this Agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect.
Participant hereby accepts the risks inherent in the event and hereby agrees to release NorCal Classics, LLC., its owners and affiliates, other Event Registrants, the venue or such other location as is selected by NorCal Classics, the venue City, and all Participating Clubs and any and all employees or contractors or their assigns from any loss, liability or damage caused to the Participant or to the Participant’s personal property, including claims for negligence, which arise out of the participation in or travel to the event at the venue or such other location as is selected by NorCal Classics.
Participant hereby agrees to save and hold harmless and indemnify NorCal Classics, its owners and affiliates, Other Event Participants, the venue or such other location as is selected by NorCal Classics, the venue city and state, from all claims for loss, damage, cost, expense, fine or penalty, regardless of whether the same is also indemnified against by any other person, arising out of or in connection with the Participant’s participation in or travel to the event at the venue, regardless of any omission or negligence of any Indemnity.
Participant warrants that Participant’s automotive liability and property insurance covers each vehicle that has been registered for the NorCal Classics. The Participant understands that the Participant's vehicle insurance and liability insurance will be solely responsible for any property damage or liability claims that occur at the Event.
Participant agrees that any property damage to the venue or such other location as is selected by NorCal Classics as a result of negligent behavior or intentional misconduct by the Participant will be the sole financial responsibility of the Participant.
NorCal Classics Reserves the right to refuse service to anyone.
No advertising of any type will be allowed on vehicles. This includes stickers for rallies, drives, parades, and concours. Any vehicle arriving with advertising will be turned away from the show without a refund. There are no exceptions to this rule, unless with previous written permission from NorCal Classics.
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