2021 TYPE 3 RALLY TERMS OF PARTICIPATION
The 2021 Type 3 Rally seeks to create an open, civil, and safe environment for the enjoyment of vintage automobiles. In order to do that, the Type 3 Rally has adopted these Terms of Participation, effective March 1, 2020. If you don't intend to, can't, or won't behave in accordance to this Agreement, please do not become a participant.
BY VIRTUE OF PARTICIPATION IN ANY PART OF THE 2021 TYPE 3 RALLY, AND IN CONSIDERATION FOR THE ORGANIZERS'(ISP WEST INC.) PERMISSION TO SO PARTICIPATE, WITH RESPECT TO SUCH PARTICIPATION EACH PARTICIPANT AGREES TO THE TERMS OF PARTICIPATION AGREEMENT ("Agreement").
While most participants may never actually execute a copy of the Agreement by signing it and delivering it to the Type 3 Rally organizers so executed, we reserve the right to require that you discontinue your participation in the event if an organizer asks for such execution during the event and you refuse or unduly delay delivering a copy so executed.
BY PARTICIPATING IN THE EVENT YOU AGREE TO THE FOLLOWING:
• You take complete responsibility for yourself and your own behavior.
• You must be licensed and insured to drive in the State of California and your car's license, registration and insurance must be valid and current. • Your car is in good working order and all systems meet California's legal requirements for operation on public roads.
• You will observe the rules of the road and obey all laws relating to the operation of a motor vehicle in the State of California.
• You may not behave in a way that is destructive or unsafe to other participants or those whom you encounter during the event, including any conduct that unreasonably interferes with the enjoyment of the event by other participants.
• You must be respectful to the communities, neighborhoods, and residents of the areas we encounter.
• At times we will be driving on narrow, twisty mountain and rural roads that may offer limited visibility. On these roads we may encounter pedestrians, cyclists, motorcyclists, farm equipment, domestic animals, wild animals, and other unexpected impediments to driving, sometimes without warning. As a driver, you will maintain awareness of potential hazards and give wide berth to any non-automotive traffic we may encounter.
• The 2021 Type 3 Rally may be photographed and/or recorded on audio or video by the organizers, its sponsors, any of its noncommercial participants, and/or news media (collectively "Media"). You agree (a) that Media may photograph and record your appearances, images, remarks, and activities during the event, and (b) that Media may use, publish, post, exhibit, reproduce, distribute, and/or transmit event photos and recordings which contain your appearances, images, remarks, and activities during the event on the Media's webpages and/or as the Media's print and electronic brochures, newsletters and publications.
COVID-19 SAFETY ACKNOWLEDGEMENT(IF APPLICABLE DURING TIME OF EVENT):
As a participant, you acknowledge that while participating in events held or sponsored by ISP West, Inc.,(“ISP”) “social distancing” must be practiced and face coverings worn at all times to reduce the risks of exposure to COVID-19. ISP will enforce these preventative measures to reduce the spread of COVID-19. ISP does not, and cannot guarantee that participants or volunteers will not become infected with COVID-19.
Any persons, or participants of the event, who fall into any of the categories below should not participate in the 2021 Type 3 Rally:
Individuals who currently or within the past fourteen (14) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath among others; or
Individuals who have traveled at any point in the past fourteen (14) days either internationally or to a community or area in the U.S. that has experienced or is experiencing sustained community spread of COVID-19; or
Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID-19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment.
DUTY TO SELF-MONITOR:
Participants of the event (“2021 Type 3 Rally”) agree to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, shortness of breath, among others) and, contact ISP at email@example.com if he/she experiences symptoms of COVID-19 within 14 days after participating in the event.
ASSUMPTION OF THE RISK:
I, the participant, acknowledge and understand the following:
Participation includes possible exposure to and illness from infections diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;
I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties, and
I hereby knowingly and voluntarily assumed the risk of injury, harm, and loss associated with the 2021 Type 3 Rally, including any injury, harm, or loss caused by the negligence, fault or conduct or any kind on the part of the Released Parties.
RELEASE, WAIVER AND INDEMNITY:
YOU(THE PARTICIPANT) UNDERSTAND THE RISKS YOU ASSUME BY PARTICIPATING IN THE EVENT(“2021 TYPE 3 RALLY”). YOU RELEASE THE 2021 TYPE 3 RALLY, ITS ORGANIZERS(“ISP WEST,INC.”), OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, AND EVERY OTHER PARTICIPANT (THE “RELEASED PARTIES”), FOR ANY DEFAMATION, PERSONAL INJURY, ILLNESS, DEATH, OR DAMAGE OF ANY KIND TO YOURSELF OR PROPERTY THAT YOU MAY EXPERIENCE ARISING FROM OR RELATING TO YOUR PARTICIPATING IN THE EVENT. YOUR DECISION TO PARTICIPATE IN THE EVENT IS MADE VOLUNTARILY AND YOU ASSUME ALL RISKS OR LOSS, DAMAGE OR INJURY (INCLUDING DEATH), THAT MAY OCCUR THROUGH SUCH PARTICIPATION. YOU UNDERSTAND THAT BY ENTERING INTO THIS RELEASE, WAIVER, AND INDEMNITY YOU ARE GIVING UP THE RIGHT FOR FAMILY HEIRS OR YOURSELF TO SUE THE 2021 TYPE 3 RALLY, ITS ORGANIZERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, AND EVERY OTHER PARTICIPANT(THE “RELEASED PARTIES”) FOR ANY INJURY, ILLNESS, LOSS, DAMAGE, OR LIABILITY RESULTING FROM YOUR PARTICIPATING BY TAKING PART IN ANY PART OF THE EVENT. FURTHERMORE, YOU AGREE TO INDEMNIFY THE 2021 TYPE 3 RALLY, ITS ORGANIZERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, AND EVERY OTHER PARTICIPANT(THE “RELEASED PARTIES”) FROM THE DAMAGES AND EXPENSES(INCLUDING ATTORNEY FEES) FROM ANY THIRD-PARTY CLAIMS ATTRIBUTABLE TO YOUR ACTS OR OMISSIONS AS A PARTICIPANT, INCLUDING, BUT NOT NECESSARILY LIMITED TO, THOSE CAUSED BY YOUR VIOLATION OF ANY OF THE TERMS OF THE AGREEMENT.
ONLY TO BE EXECUTED UPON THE DEMAND OF A 2021 TYPE 3 RALLY ORGANIZER:
I acknowledge that I have read the above and that I understand each and every one of the provisions in these Terms of Participation and as a participant agree to abide by them regarding the event in which such demand was made.