EXOTIC FEST™ TERMS AND CONDITION OF REGISTRATION AND PARTICIPATION
PLEASE COMPLETE THE EXOTIC FEST 2019 APPLICATION FORM WITH PERSONAL DETAILS AND VEHICLE DESCRIPTION.
BY COMPLETING THIS APPLICATION AND PARTICIPATING IN THE EXOTIC FEST, YOU (A) ACKNOWLEDGE AND AGREE TO ALL TERMS AND CONDITIONED CONTAINED HEREIN; and (B) AGREE TO TENDER PAYMENT OF THE ENTIRE REGISTRATION FEE (ALL ENTRY FEE PAYMENTS ARE FINAL AND NON-REFUNDABLE).
Exotic Fest requires an entry fee per car. This registration is not complete until the payment has been received.
EXOTIC FEST IS NOT A RACE. You must NOT compete in any manner with other participants. You must NOT place any bets of any kind in relation to the festival. You must drive safely and with proper courtesy to all other participants and members of the public. You must NOT drive if your ability to do so safely and properly is in any way compromised by illness, lack of adequate rest, medically intoxicated, under the influence of illegal substances or any other condition that will put you and your surrounding Event participants, general driving public, pedestrians, and any other persons or property at risk in any way whatsoever. There is no reckless driving allowed, cutting off of other cars, driving on shoulders of roads, or endangering other participants or the public.
You MUST comply with all applicable laws and regulations of the City, County, State and Country in which you are present at any given time during the Event, including but not limited to all speed regulations, laws of the road, laws relating to the safety of your vehicle and operation of your vehicle, laws relating to registration of your vehicle, laws relating to your personal license to operate a vehicle, insurance laws relating to your operation of your vehicle, and laws relating to the possession or use of alcohol, drugs or other prohibited substances. The EXOTIC FEST Staff reserves the right to prohibit you from participating further in the Rally for any single violation of the foregoing or of any terms and conditions contained herein.
EXOTIC FEST Staff will provide the details for the event and any badges that may be necessary. If badges are necessary, they must be worn at all times.
The Event is open to all makes, models and years of vehicles. However, the majority of vehicles will be "Luxury, Sports, Classic & Exotic" cars. We are looking for a diverse, unique collection of high-end vehicles. Places are limited to just one hundred (100) vehicles and there is no guarantee with respect to available spots, but the more amazing, eccentric or unique the car, the better the chance of acceptance into the Event.
Flights, air fare, hotels and/or accommodations, or auto transport are not included in the Event except were specifically noted or as an Optional expense approved, in writing, by EXOTIC FEST LLC.
Any participant or passenger in a Event vehicle (a "Participant") must be 21 or over.
EXOTIC FEST LLC and its members, employees, consultants, agents, staff, assigns, and attorneys (collectively, "EXOTIC FEST Staff") 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, stop, facility, establishment, public road, or any other place a Participant in present during the Event. No hotel rooms are included in the rally participation unless specifically noted in writing.
Each Participant shall obtain and maintain appropriate insurance covering your participation in the EventRally and shall provide proof of such insurance in a form satisfactory to EXOTIC FEST Staff should they request such documentation. Appropriate insurance includes, without limitation, third party liability, liability coverage for each Participant, medical insurance, damage to property and life insurance, and insurance covering Participant vehicle's participation in the Event.
Each Participant must have a legal and valid vehicle registration with name of Participant matching such Participant's vehicle.
Each Participant must hold a current, valid and unrestricted driver's license issued from one of the United States and must present same to the EXOTIC FEST Staff upon request.
Each Participant must be completely sober while operating any motor vehicle. Each Participant must NOT consume alcohol while driving nor drive under the influence of alcohol or any other intoxicating substance at any time.
You will indemnify the EXOTIC FEST Staff against any and all claims, lawsuits or causes of action of any kind arising from the Event and brought by any third party as a result of Participant's actions, omissions or participation in the Rally, including but not limited to Participants violation of any Federal, State, County or City laws, ordinances or regulations, or Participant's breach of any terms and conditions contained herein.
EXOTIC FEST Staff is not responsible if it cannot fulfill its obligations due to fire, earthquake, epidemic diseases, 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 FLORIDA.
In the event of one of these disasters the guest will have the option of having their reservation dollars move to a future event or can pay the difference of rooming costs for the planned dates at the new location that is booked. Refunds are not allowed. You may sell your spot to another party however.
Participant agrees to have the " EXOTIC FEST " logo and any other logos designated by EXOTIC FEST Staff, including but not limited to official Event sponsors, attached to Participant's vehicle during the entire Event. Participant may not obscure or alter such logos and must keep them clean and readily visible at all times during the Event. Such logos will be easily removable without damaging vehicle finishes. EXOTIC FEST Staff will therefore not be responsible for claims of damage to vehicle finishes as a result of the application or removal of such logos.
Personal sponsorship for Participant's vehicle or Participant's clothing is only permitted with the prior written consent of EXOTIC FEST Staff, which may be withheld in the sole discretion of EXOTIC FEST Staff. EXOTIC FEST Staff reserves the right to refuse unauthorized sponsored vehicles from participating in the Event.
After the commencement of the Event, EXOTIC FEST Staff will NOT make any refund of the entry fee or pay compensation to you if you are unable to continue in the Event for any reason whatsoever. Although all vehicles have sufficient time to arrive at each destination, the route of the Event is demanding. If Participant does not manage to complete any part of the route and are unable to stay at the provided venues, Participant will NOT be entitled to any refund of the entry fee whatsoever.
The EXOTIC FEST A Staff 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 Rally or the refusal to allow Participant to participate, only the entry fee will be refunded. EXOTIC FEST has the right to cancel a Participant's registration at any time. The Participant will be refunded his/her entry fee, except in cases generally accepted as Force Majeure under the statutes and case law of the State of FLORIDA, as referred to above. Any costs other than entry fee will borne by the Participant.
In the event that a Participant needs to cancel attending any event in which he/she has registered, the following option is available:
- The Participant may sell the paid registration on his/her own for any amount he/she wishes. The Purchasing (new) registrant will be required to fill out the Online Registration Form to be eligible to take your place on the rally. The new Registrant must make payment to you directly.
All Exotic Fest events are non-refundable and should the participant fail to pay the full balance, Exotic Fest reserves the right to seek full compensation through litigation.
By participating in the Event, Participant consents to be photographed and to be included in the filming of footage documenting the EventRally. Participant hereby waives any and all rights of publicity or privacy and grant the EXOTIC FEST Staff full and complete permission to utilize and exploit Participant's appearance in the EventRally in any and all manner and media throughout the world in perpetuity. Participant further agrees that the EXOTIC FEST Staff has the sole discretion to use or refuse to use any photographs or footage in which Participant appears, and that if the EXOTIC FEST Staff does use such photographs or footage, it may be edited at the EXOTIC FEST Staff'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 the EXOTIC FEST Staff 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 shall not be entitled to use the " EXOTIC FEST" logo and any other logos designated by EXOTIC FEST Staff for placement on Participant's vehicle during the EventRally for any purpose whatsoever (other than placing the logo on Participant's vehicle during the Event) without obtaining the prior written consent of the EXOTIC FEST Staff. In particular, Participant shall not be entitled to use the "EXOTIC FEST" logo and any other logos designated by EXOTIC FEST Staff for placement on Participant's vehicle during the Event on any website or in printed materials without obtaining the EXOTIC FEST Staff's prior written consent.
Participant is only entitled to take photographs and film footage of Participant's participation in the EventRally for non-commercial purposes (that is for personal and private use only). Specifically, Participant is not entitled to reproduce or use photographs or footage of the Event on any website, in any printed media or matter or in any television program without first obtaining the prior written consent of the EXOTIC FEST Staff. 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 the EXOTIC FEST Staff and deliver to the EXOTIC FEST Staff within 30 days of the end of the Event, at no cost to the EXOTIC FEST Staff, a tape in any format of all the footage originated by Participant at the Rally and copies of all photographs taken at the Rally.
The EXOTIC FEST Staff 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 Rally.
Participant shall not be entitled to arrange or conduct any media appearances relating to Participant's participation in the Event without obtaining the prior written consent of the EXOTIC FEST Staff.
Participant understands that while the EXOTIC FEST Staff will endeavor to keep Participant's personal information secure, EXOTIC FEST Staff does not accept any responsibility should loss or theft of this information occur. Participant consents to its personal details being passed on to other third parties that the EXOTIC FEST Staff deems appropriate.
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 FLORIDA, and Participant our participation, and Participant submits to the jurisdiction of the Courts of the State of FLORIDA, exclusively. By completing the entry form, participating in the Event, and accepting these terms and conditions, Participant is entering into a legally binding agreement with EXOTIC FEST LLC to participate in the Event on these terms and conditions.
Risks Associated with Participation
Participant acknowledges and realizes that participation in the Event is potentially dangerous and that there are numerous risks associated with participation. Such risks and dangers include, but are not limited to, traffic accidents, collisions with pedestrians, vehicles, other drivers, and/or fixed or moving objects, and the negligence of other drivers. Further, Participant fully understands and realizes that participation in the Event may result in serious bodily injury and/or death to Participant, or others. Participant further realizes and understands that the route of the Event will require driving on public roadways upon which the hazards of traveling are to be expected. Further, Participant realizes that participation in the Event will require strenuous physical exertion as participants will be required to drive for very long periods of time, including the risk of driving through inclement weather.
Assumption of the Risks
With full knowledge and understanding of the risks associated with participation in the Event, Participant enters the Event voluntarily and fully accepts and assumes every such risk for loss, damage, or injury (including death).
Compliance with Terms and Conditions of Entry
Participant agrees to comply with all the Event terms and conditions of entry. Participant acknowledges and understands that the EXOTIC FEST Staff 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.
Release of Liability
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 the EXOTIC FEST Staff (and its officers, directors, employees, consultants, agents) 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 Event (including the application of emergency or medical services at the Event) even if the damages, injuries (including death), and/or claims are caused by the negligence of those persons listed above or otherwise nothing in these Terms and Conditions shall be construed as excluding or limiting the EXOTIC FEST Staff's liability for personal injury or death arising from its negligence or the negligence of persons under its control. Further, Participant covenants not to sue the EXOTIC FEST Staff (and its officers, directors, employees, consultants, agents) and Event sponsors 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 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 the EXOTIC FEST Staff (and its officers, directors, employees, consultants, agents) and EventRally 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 the EXOTIC FEST Staff may pay as a settlement or compromise of any such claims or liabilities.
By purchasing and participating I certify that I have read and understand ALL of the above and acknowledge and agree to all terms and conditions.