
Rama
Road Rally Legal Information, Contract and Code of Conduct for participation
in the 2007 Rama Road Rally.
Description
and purpose of the Rama Road Rally Event
The Rama Road Rally is a competition in which
vehicles are driven coast-to-coast over public roads and under normal traffic
conditions and regulations, with specified rules as to speed, time, and route.
It is an Event that benefits children’s educational charities. The Rama Road
Rally daytime events are based on a state fair type of atmosphere based around
children’s educational formats, concerts, and other fun filled activities. The
night-time events are for the adults with concerts and competitions, banquet
dinners, and award ceremonies each night with a few surprises built in.
The Rally will begin in Philadelphia, PA and end
in San Francisco, CA, with 19 other destination cities in between. Driving time
for each leg of the Rally ranges from 5 to 9 hours. Drivers will get a daily
destination with an address of a hotel or venue in each city at the beginning
of each day. They will then choose the best route by their own means (maps,
GPS, etc.) Friendly competition, sportsmanship and original thinking are
encouraged.
I. Release and waiver of liability.
I acknowledge that no amount of care, caution, instruction, or
expertise can eliminate the risks and dangers of participating in the Rama Road
Rally Event hereafter referred to as Event or Rama Road Rally Event. I
therefore voluntarily agree to, and do hereby waive and release any or all
claims to, and all of my right to assert legal demands on and to, including
claims for damages, death, injuries, fees, costs and other losses, that I now
have or may at any time have in the future against Rama Road Rally Inc.,
Ramathized Productions Inc., Eaglefinger Enterprises Inc, or any other sponsor
of this Event hereafter known as Company/s and any and all of its past, current
or future members, officers, directors, employees, agents volunteers, sponsors,
officials, organizers, attorneys or any
other representatives of the Company/s that arise from or relate in any way to
the Rama Road Rally Event, my participation in the Event or the acts or
omissions of others involved in the Event. I understand and agree that this
includes claims that do not exist now but arise in the future, claims based on
occurrences taking place in the future, and claims that relate to occurrences
that took place despite reasonable efforts of the Company/s and even though I
have adhered to the Rama Road Rally Code of Conduct which follow in section
V. This specifically includes any
rights that may have otherwise existed under California Civil Code Section
1542, which states that:
“A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of executing the
release, which if known by him must have materially affected his settlement
with the debtor.”
I understand that by agreeing to these provisions, I am giving up
certain legal rights that might exist if I did not sign this document.
II. Assumptions
and risk of dangers of the Rama Road Rally Event.
I acknowledge
that the Event involves the operation of motorized vehicles, and activities
involving physical endurance. It is understood that I may be engaging in
activities that involve risk of serious injury, including permanent disability,
paralysis and death, property damage and other losses which might result not
only from my own action, inaction or negligence, but the action, inaction or
negligence of others, the circumstances of the Event and other occurrences. By
way of example only, these dangers may include, but are not limited to, the
following:
·
Dangerous negligent or intentional conduct, including my own
conduct or the conduct of others that would result in serious injury and or
death to participants or non participants;
·
Dangerous, hazardous, and unforeseen road conditions to include on
road and off-road, cross country, cross continent driving or being a passenger
thereof;
·
Dangers in traveling cross-country and on mountainous, narrow,
wet, slick, dirt, potholed or windy roads, trails and racetracks;
·
Theft of personal property or belongings.
·
Dangers of high altitude or motion sickness;
·
Risks associated with other vehicles, facilities and/or structures
used in the Event, or which are located near or constitute part of the Event
course, and the potential for collision/s with such structures or vehicles;
·
Potential for collision with pedestrians, vehicles, other
participants and fixed or moving objects;
·
Inadequate safety and medical equipment;
·
Weather conditions, to include but not limited to, extreme weather
or rapidly changing weather conditions, wind, lightning, bright and or blinding
sunlight, or other natural phenomena and other unforeseen hazards arising from
the consequences of such weather conditions;
·
Travel to and from the Event and the Event facilities including
provided transportation;
·
Vehicle or equipment failure personal or Event related.
I fully understand and acknowledge that these and other risks may
exist if I participate in the Event. I accept sole and absolute personal
responsibility for each of the risks mentioned and others that may not have
been, and for any resulting injury, death, property damage or loss as a result
of such risks, or my participation. I further agree that the Company’s are not
liable or responsible for or to me or any other party for any losses or damage
caused by such occurrences.
III.
Indemnification and
damages.
I agree to indemnify, defend and hold the Company harmless from
any and all claims, demands, damages, judgment, costs (including but not
limited to attorney’s fees) or other matters asserted by a third party relating
to or arising from my failure to adhere to the Code or any other act of
negligence or willful conduct on my part.
I agree that, should I have any legal claim for damages that is
not released by this agreement, the promoter’s maximum financial liability to
me arising from such claim will be equal to the entry fee I have paid to be a
participant in the event. The foregoing sentence sets forth my sole legal
remedy against the company in connection with this Event.
IV.
Rama Road Rally Code of Conduct and
assurances.
A.
I agree that the Company has taken significant efforts to develop
a Rama Road Rally Code of Conduct, here after known as “Code” for the Rama Road
Rally Event, which is attached to this Agreement, in order to ensure that the
Rama Road Rally is conducted in a manor to which it was intended and has been
outlined within the pages of the contract and on the Internet web-site.
B.
I agree to keep a copy of the Rama Road Rally Code of Conduct with
me at all times during the Event that has been included in the Rama Road Rally
package given to me before the start of the Event.
C.
I have fully read and understand each of the provisions of the
Code, and I agree that at all times I will follow each and every requirement of
the Code.
D.
If I am unable or unwilling to follow the Code I agree not to sign
this Agreement or participate in the Event.
E.
I agree that the Company may, at any time, with or without notice,
in their sole discretion, disqualify me from the Event and take any other steps
deemed necessary, including preventing me from attending or observing the Event
or having contact with other Event participants or the Company, should I
violate any provision of the Code, breach any term of this Agreement or
otherwise take any actions that the Company deem to be illegal, dangerous, or a
threat to the health or safety of anyone.
V.
Use of name and
likeness.
I agree to permit the Company, without paying me any fee or royalty
of any kind, now or at any time in the future, to use my image, name, likeness,
voice, photographs, life story, or any video,
VI.
Intellectual property
rights.
I understand and agree that all copyrights, trademark rights,
patent rights, trade secret rights and other intellectual property rights of
any kind arising in connection with the Event shall be the sole and exclusive
property of the Company and I voluntarily waive any and all claims to such
rights. This includes, without limitation, all rights in the trademarks of the
Rama Road Rally Inc., Ramathized Productions Inc., Eaglefinger Enterprises Inc.
or Event Sponsors, together with the goodwill associated with such trademarks,
all rights in any artwork, videos, new footage, text or other literary, musical
or graphic content used or arising in connection with the Event, all rights to
publicity, merchandise and information surrounding the Event, all rights to
sell sponsorships to third parties with respect to the Event, all rights to any
subsequent portrayals, dramatizations, performances, stories or other
depictions of the Event, and all rights to any royalties, revenues, income or
other benefits that may be received from the exploitation of such rights
·
In entering into this Agreement, I am not relying on any oral,
written or visual assurances from the Company, or any material available in any
format whatsoever, including but not limited to, the Event registration form or
the Company’s internet web-site, to induce me to participate in the Event.
·
I understand that this Agreement will survive and be enforceable
even if I am disqualified from the Event and will remain enforceable following
the termination and/or conclusion of the Event.
·
This Agreement shall be governed by the laws of the State of
Nevada, without regard to the conflicts of law provisions of the State of
Nevada. I agree to submit to the jurisdiction of the courts of the State of
Nevada in connection with any dispute arising under this Agreement. If such
legal action is required to enforce or interpret this Agreement, the prevailing
party shall, in addition to other remedies, be entitled to recover all costs
and fees, including attorney’s fees, incurred in such action.
·
If any one or more terms of this Agreement are found to be unenforceable
or invalid by a court of competent jurisdiction, such invalidity shall not
affect the remainder of this Agreement and the affected provision shall be
enforced to the maximum extent permissible.
·
If weather or other circumstances affect the commencement or continuation
of the Event, the Company may elect to postpone and/or cancel the Event. If
postponement and/or cancellation should occur, the Company may elect to reschedule
the Event on another date or cancel the Event entirely. All entry fees will
be returned in the unlikely situation that the Event was cancelled.
·
I confirm that I am at least 18 years of age or am a fully
licenced driver traveling with a co-participant/parent or legal guardian over
the age of 18, and that I have read and understand this Agreement. I agree that
the provisions of this Agreement shall be binding upon my heirs, executors,
administrators, legal representatives, successors and assigns.
·
I agree that I have been provided with access to all information
necessary for me to make an informed and voluntary decision to sign this
Agreement, and that I have obtained, or elected not to obtain, all necessary
medical, legal, financial and other professional advice regarding the
provisions of this Agreement and my participation in the Event.
·
I have read and will follow each requirement of the Rama Road
Rally Code of Conduct and the Rules and Regulations specified and implied in
this contract/document.
I agree to pay the fees
and costs for the Rama Road Rally 2007 as follows:
The entry fee for the Event is $ 4,500. This fee shall cover the
entry of 1 vehicle and 1 participants. Additional passengers/drivers/participants
are $1500. (Note: there can not be more passengers in a vehicle that there
are number of seat belts.) The fee covers the costs of all accommodations
between the time a participant signs into the event until the conclusion of
ceremonies., all breakfasts and dinners, and all special events. The entry
fee does not include personal acquisitions, gas, road tolls, telephone bills
or other expenses incurred while staying in a hotel, fines of any sort, or
damage caused at any venue visited while on the road, or any location during
the 24 day event.
Participant Signature______________________________________ Date_______________


The rules and regulations in the code of conduct is to be
considered as part of the contract for the participation in the Rama Road Rally.
A.
I hereby state that I have no physical, mental, medical, or health
condition, which would hinder or prevent my participation in the Rama Road Rally
Event and Event-related activities. I declare that I possess the standard of
physical fitness and that I have the competence necessary to participate in the
Event, and that the vehicle entered is mechanically, legally or otherwise
suitable for use in the Event .
B.
I will at all times possess and provide the Company with evidence of insurance coverage for the Event. Such evidence
shall include a copy of an automobile insurance policy which provides adequate
amounts of insurance for both collision and personal liability. Personal property
insurance is the responsibility of the participant. The Rama Road Rally will
not be found liable due to the loss or damage of personal property.
C.
Any participants may be designated as the drivers of the vehicle.
The drivers must be at least of legal driving age, with valid proof of
identification, a valid driving license and a secondary form of identification.
D.
I agree that the Company may place a logo and sponsor sticker/s to my vehicle for the entire
duration of the Event to include but not limited to an identification number.
E.
I will at all times possess and provide the Company with evidence
of insurance coverage for the Event. Such evidence shall include a copy of an
automobile insurance policy which provides adequate amounts of insurance for
both collision and personal liability. Personal property insurance is the
responsibility of the participant. The Rama Road Rally will not be found liable
due to the loss or damage of personal property.
F.
I may not engage in or permit personal sponsorship for myself or
my vehicle, or the use of my vehicle for sponsorship by others, without the
prior express written permission of the Company. The Company reserves the
right to refuse authorized sponsored vehicles and/or participants’ entry into
the Event without reason or warrant.
G.
I understand and agree that the Rama Road Rally is not a race
where speed or breaking of laws is permitted. I must not compete with other
drivers in any manner that is against the laws of individual States or of a
federal nature, and I will not place or encourage bets of any kind in
connection with the Event.
H.
I must operate my vehicle in a safe manner and with proper
courtesy to other participants, non-participants and the public. I understand
that anyone caught racing or violating any other motor vehicle or traffic laws
during this Event will be immediately disqualified from further participation
at the discretion of the Rally Company in the Event and will not be entitled to
any refund of entry fees or other payments.
I.
I must comply with all applicable laws and regulations throughout
the course of the Event, including, without limitation, all laws of the road,
laws relating to the fitness of my vehicle and laws relating to possession and
importation of prohibited and/or illegal substances, illegal immigrants, goods
and weapons. If I am refused passage and/or entry/exit to or from any state or
municipality encountered en route, all additional costs incurred are my sole
responsibility.
J.
I must conduct myself appropriately at all times while the Event
is ongoing, to include but not limited to the rules of hotels, restaurants,
public areas and other venues. Failure to comply with such rules can result in
disqualification and removal from the Event.
K.
I must not consume alcohol while driving or before any day of
driving.
L.
I must not consume any illegal substance at any time.
M.
If I am taking any prescription for medication, I must disclose
this information to the Company and provide written evidence from my health-care
provider that such medication will not adversely affect the operation of my
vehicle or my ability to participate in the Event.
N.
I agree to be solely responsible for any legal expenses that I, or
another member of my team incur, or that are incurred on my behalf, in
connection my participate in the Event such items would include but not be
limited to any fines, penalties, incarceration, bail or any other discipline/s
arising from my participation in the Event.
O.
I grant permission to the Company to act on my behalf when no-one
else in my group or team is capable or present in the case of an emergency for
the performance of any emergency medical treatment or action that may be
required in the event of an accident in which I am rendered unconscious or unable
to approve the required medical treatment/s.
P.
If I become the victim of an accident I will hold the Company,
its officers, directors, employees, agents or assigneds harmless from any
liability or negligent actions that may arise in relation to any search and
rescue, stabilization, evacuation, transportation and emergency care I receive
while aid resources are sought or rendered.
Q.
I agree that I am fully responsible for all costs and expenses
that may be incurred in providing special services to me or for my benefit
including payment for costs of medical attention, rescue, special travel or
other special financial outlay for me personally and to reimburse the Company
for all costs of those services.
R.
I agree to follow any and all other instructions and/or
requirements that the Company may impose or require based on their
circumstances and occurrences surrounding the Rama Road Rally Event, and to
cooperate at all times, to include but not limited to, on the spot interviews,
placement of POV cameras in my vehicle, and any other promotion, marketing,
broadcast, or related items in the Company’s efforts to hold and manage the
Event.
S.
It is further understood that any and all prize packages will be
subject to 50% of the winnings going to a legal charity of my choice provided
it fits within the parameters outlined on the charity section of the
ramaroadrally.net internet web-site.
T.
I will attend all briefings, meetings, conferences, award
ceremonies, and other events or activities required as a condition of participating
in the Rama Road Rally.
U.
I have read and will follow each requirement of the Rama Road
Rally Code of Conduct.
Participant
signature:____________________________________________Date:______________
Print Name:__________________________________________
Witness
signature:______________________________PrintName________________________
Date:_____________
Part 1 of 2
RAMA ROAD RALLY
PARTICIPATION AND REGISTRATION
AGREEMENT
PARTICIPATION IN THE RAMA ROAD RALLY REQUIRES ALL OF THE FOLLOWING INFORMATION TO BE FILLED OUT IN ITS ENTIRETY FOR LEGAL PURPOSES.
(All information on this page will remain confidential)
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I___________________________________I______________________I___________
Last name First Middle
I______________________________________________________________________
Address
I_____________________________I________________________________________
State Zip
I______________________________________________________________________
Phone #
I______________________________________________________________________
Email
I______________________________________________________________________
Driver’s License #
I______________________________________________________________________
State/Country
I______________________________________________________________________
Exp. Date
I______________________________________________________________________
Insurance Carrier
I______________________________________________________________________
Policy Number and Exp. Date
Address of Insurance Company
Phone# of Insurance Company
Rama
Road Rally official entry form part (2)
Part 2of2