Terms and Conditions
ENTRY FEE. Diamondback Rally requires an entry fee (the “Entry Fee”). The full payment of the Entry Fee to Diamondback is a condition precedent to the Participant’s participation in the Rally. This entry fee will hold the Participant’s spot in the list. This registration is not complete until Diamondback receives the full payment from the Participant of the Entry Fee as well as the Final Fee. The Parties agree that all payments of the entry fee shall be final and non-refundable.
SAFE DRIVING REQUIREMENT. The "Rally" IS NOT A RACE. Participant shall not compete in any manner during the Rally with other participants. Participant shall not place any bets of any kind in relation to the Rally. During the Rally, Participant shall drive safely and with proper courtesy to all other participants and members of the public. Participant shall not drive during the Rally if, at any point during the Rally, Participant’s ability to do so safely and properly is in any way compromised by physical or mental illness, lack of adequate rest, medical intoxication, under the influence of illegal or legal substances or any other condition that will put Participant and any other participant of the Rally or any Diamondback staff, employees, owners or agents, general driving public, pedestrians, and any other persons or property at risk in any way whatsoever. Participant shall not engage in any reckless driving during the Rally. Participant, during the Rally, shall not cut off other cars, drive on the shoulders of roads, or endanger other participants or the public. Participant shall, during the Rally, comply with all applicable laws and regulations of the City, County, State Country, and any other municipality and/or jurisdiction in which Participant is present at any given time during the Rally, including but not limited to all speed regulations, laws of the road, laws relating to the safety of Participants’ vehicle and operation of Participant’s vehicle, laws relating to registration of Participant’s vehicle, laws relating to Participant’s personal license to operate a vehicle, insurance laws relating to Participant’s operation of your vehicle, and laws relating to the possession, use and/or driving under the influence of alcohol, drugs or other prohibited substances. Each Participant shall be completely sober while operating any motor vehicle during the Rally. Each Participant shall NOT consume alcohol while driving nor drive under the influence of alcohol or any other intoxicating substance at any time during the Rally.
PROHIBITION ON PARTICIPANTS FROM ADDING CO-PILOTS OR PASSNGERS. No Participant shall add any co-pilot, passenger, or other persons to their vehicle during the Rally who has not executed this Agreement. Should Diamondback determine that any participant has violated this Paragraph of this Agreement, it may, at its sole and absolute discretion, immediately expel Participant from the Rally and prohibit Participant from participating further in the Rally. Participant agrees that should Diamondback expel Participant from the Rally and prohibit Participant from participating further in the Rally, Participant shall not be entitled to the refund of any of Participant’s Entry Fee or any other fees paid by or on behalf of the participant to Diamondback arising from or relating to the Rally.
ENTRY FEE AND FINAL FEE FOR THE RALLY. Upon registration Participant shall immediately tender the deposit the full amount of the Entry Fee or risk losing Participant's place in the Rally. Once a Participant is accepted to participate in the Rally and has tendered the Entry Fee, 100% of the complete 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. The Final Fee is subject to a partial refund prior to the start of the Rally.
After the commencement of the Rally, Diamondback shall not make any refund of a Participant’s Final Fee or pay any compensation to Participate if the Participant is unable to continue in the Rally for any reason whatsoever, including but not limited to death, illness, arrest, detention and/or mechanical breakdown or crash of or damage to their motor vehicle participating in the Rally.
Although all vehicles have sufficient time to arrive at each destination, the route of the Rally is demanding. If Participant does not manage to complete any part of the route and is unable to stay at the provided venues, Participant shall not be entitled to any refund of the Entry Fee and Final Fee whatsoever.
PENALTIES FOR VIOLATION OF PARAGRAPH 1 OF THIS AGREEMENT. Participant acknowledges and agrees that, should Diamondback or its staff determine that Participant has violated any of the requirements and/or terms and conditions of Paragraph 1 of this Agreement during the Rally, Diamondback may, at its sole and absolute discretion, impose a penalty (the “Unsafe Driving Penalty”) upon Participant, including but not limited to the immediate expulsion of Participant from the Rally and the prohibition of the Participant from participating further in the Rally and/or banning the Participant from ever registering or participating in any future Diamondback rally. Participant agrees that should Diamondback impose an Unsafe Driving Penalty, Participant shall not be entitled to the refund of any of Participant’s Entry Fee or any other fees paid by or on behalf of the participant to Diamondback arising from or relating to the Rally.
BADGES. Diamondback staff will provide the details for the event and any badges that may be necessary. If badges are necessary, they must always be worn.
SELECTION OF CARS FOR THE RALLY AND DIAMONDBACK’S ABSOLUTE RIGHT TO SELECT PARTICIPATING VEHICLES. While, the Rally is open to all makes, models, and years of vehicles, Diamondback seeks to have a diverse, unique collection of high-end vehicles participating in the Rally. Accordingly, Diamondback has the unilateral and absolute right at its sole and absolute discretion, to accept or deny a Participant and Participant’s specific proposed vehicle entry into/acceptance into the Rally. The majority of vehicles selected by Diamondback for entry into/acceptance into the Rally shall be "Luxury, Sports, Classic & Exotic, Superbikes" cars, and motorcycles, provided however, that a Participant may still be rejected by Diamondback for entry into/acceptance into the Rally even if Participant proposes to use such a car in the Rally. The number of vehicles accepted into the Rally shall be limited to forty 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 Rally.
AGE LIMIT. Any participant or passenger in a Rally vehicle (a "Participant") must be 21 or over unless otherwise agreed to in writing by Diamondback at its sole and absolute discretion.
10. NON-LIABILITY OF DIAMONDBACK FOR PARTICIPANT’S CONDUCT DURING THE RALLY. Diamondback and its members, managers, employees, consultants, agents, staff, assigns, and attorneys (collectively, “Diamondback 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 Rally, including but not limited to being cited, charged, prosecuted, or prohibited from participation arising from or relating to the improper conduct of a Participant at any location, stop, facility, establishment, public road, or any other place a Participant in the present during the Rally.
ASSUMPTION OF RISK BY PARTICIPANT AND PARTICIPANT’S RELEASE DIAMONDBACK AND THE DIAMONDBACK STAFF.
Risks Associated with Participation. Participant acknowledges and realizes that participation in the Rally is potentially and inherently 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 Rally may result in serious bodily injury and/or death to Participant, or others. Participant further realizes and understands that the route of the Rally will require driving on public roadways upon which the hazards of traveling are to be expected. Further, Participant realizes that participation in the Rally 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.
Participant’s Voluntary Assumption of the Risks. 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, or damage to person or property (including but not limited to the Participant’s vehicle participating in the Rally), or bodily injury (including but not limited to death, dismemberment, amputation or disability).
Participant’s Release of Diamondback and the Diamondback Staff and Indemnity. In consideration for being permitted to participate in the Rally, Participant hereby waives, releases, and forever discharges, for Participant, its heirs, executors, administrators and legal representatives (collectively, the “Participant Releasors”), against any and all actions, causes of action, suits, lawsuits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims and demands whatsoever, in law or in equity, whether known or unknown, (“Claims”) which the Participant Releasors have, may have, or may hereafter accrue to the Participant Releasors against Diamondback and the Diamondback Staff and Rally sponsors (and each of their successors, members, managers, employees, consultants, agents, staff, assigns, and attorneys) (collectively, the “Diamondback Releasees”) arising from or relating to this Agreement, the Rally and/or Participant’s participation in the Rally even if those Claims and/or the damages sought by those Claims arise from or were caused in whole or in part by the negligence of the Diamondback Releasees and seek damages arising from the Participant’s property damage or bodily injury (including but not limited to death, dismemberment, amputation or disability), provided however, that this release set forth in this Paragraph 27 of this Agreement shall not apply to any Claims solely caused by the gross negligence or intentional misconduct of Diamondback or the Diamondback Staff.
Covent Not to Sue. The Participant Releasors covenant not to sue Diamondback Releasees for any and all damages, bodily injuries (including but not limited to death, dismemberment, amputation, or disability), 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 include 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).
INSURANCE REQUIREMENTS FOR PARTICIPANTS. Each Participant in the Rally shall obtain and maintain appropriate insurance covering his/her participation in the Rally and shall provide proof of such insurance in a form satisfactory to Diamondback Staff should they request such documentation. Participant shall, during the term of the Rally, maintain insurance for liability for bodily injury and property damage (“Liability Insurance”) arising from their operation of vehicles during the Rally (including but not limited to the motor vehicle they are using in the Rally) to third persons in an amount no less than $100,000 per occurrence. Moreover, the Participant’s Liability Insurance in force during the Rally shall not exclude liability arising from participation in a rally or other organized driving event. In addition, Participant ‘s insurance in force during the Rally must provide coverage for, at a minimum, liability coverage for each Participant, medical insurance, damage to property and life insurance, and insurance covering Participant vehicle's participation in the Rally. Diamondback shall have the sole and absolute right to deny anyone from participating in the Rally if they do not comply with the requirements of this Paragraph of this Agreement.
LICENSE AND REGISTRATION REQUIREMENTS FOR PARTICIPANTS. Each Participant shall have a legal and valid vehicle registration with the name of Participant matching such Participant's vehicle or Valid Rental Agreement. Each Participant shall hold a current, valid, and unrestricted driver's license issued from one of the United States or Canada and must present the same to the Diamondback Staff upon request. Diamondback shall have the sole and absolute right to deny anyone from participating in the Rally if they do not comply with the requirements of this Paragraph of this Agreement.
FORCE MAJEURE. Diamondback is not responsible if it cannot fulfill its obligations due to fire, earthquake, epidemic or pandemic diseases, cyclone, hurricane, windstorm, flood, aridity, strike, lightning, revolution, riot, terrorist activities, and similar troubles. In the event of one of these events or disasters, Participant will have the option of having their reservation dollars moved by Diamondback to a future event, or the participant can pay the difference in rooming costs for the planned dates at the new location that is booked. Refunds are not permitted.
LOGOS ON PARTICIPANT’S VEHICLES. Participant agrees to have the “Diamondback” logo and any other logos designated by Diamondback and/or Diamondback Staff, including but not limited to official Rally sponsors, attached to Participant's vehicle during the entire Rally. Participant shall not obscure or alter such logos and must always keep them clean and readily visible during the Rally. Diamondback and the Diamondback Staff shall not be responsible for claims of damage to vehicle finishes because of the application or removal of such logos. Personal sponsorship for Participant's vehicle or Participant's clothing used during the Rally is only permitted with the prior written consent of Diamondback and the Diamondback Staff. Diamondback and the Diamondback Staff reserve the right to refuse unauthorized sponsored vehicles from participating in the Rally.
ITEMS NOT INCLUDED IN THE ENTRY FEE FOR THE RALLY. Flights, airfare, hotels and/or accommodations, or auto transport are not included in the Rally except where specifically noted or as an optional expense approved, in writing, Diamondback. If auto transport is included, Participants must bring their vehicle to one of the five hubs around America if they want to keep the standard fee for auto transport. These locations are Los Angeles Ca, Atlanta Ga, Chicago Il, Philadelphia Pa, and Dallas Tx. If Participant is not near any of these city hubs, then Diamondback will work with Participant with shipping at a different price.
CANCELLATION OF PARTICIPATION IN THE RALLY BY PARTICIPANT. In the event that a Participant needs to cancel attending the Rally, there are the following options available from which to choose: 1) The Participant may sell the paid registration on his/her own for any amount he/she wishes on their own. The Purchasing (new) registrant/Participant shall complete the Online Registration Form and execute this Agreement both online and in person prior to the commencement of the Rally to be eligible to take Participant’s Place on the Rally. The new registrant/Participant must make payment to you directly.
REFUSAL BY DIAMONDBACK TO ALLOW PARTICIPANT TO PARTICIPATE IN THE RALLY OR CANCELLATION OF THE RALLY BY DIAMONDBACK. Diamondback reserves the right to refuse participation in or to cancel the Rally at any time for any reason whatsoever. In case of the cancellation of the Rally or the refusal to allow the Participant to participate in the Rally, Diamondback shall only refund the Entry Fee to the Participant and shall have no further liability or obligation to Participant whatsoever. Diamondback has the right to cancel a Participant's registration for the Rally at any time. In such an event, the Participant will be refunded his/her Entry Fee by Diamondback. In the event of any refund of the Entry Fee to the Participant by Diamondback pursuant to this Paragraph 3 of this Agreement, the Participant shall be solely and completely responsible for any other costs and shall not seek reimbursement of those other costs from Diamondback or the Diamondback Staff.
WAIVER OF PARTICIPANT’S RIGHT OF PUBLICITY AND PRIVACY AND ASSOCIATED ISSUES. 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 Diamondback and the Diamondback Staff 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 Diamondback and the Diamondback Staff have the sole and absolute discretion to use or refuse to use any photographs or footage in which Participant appears and that if Diamondback or the Diamondback Staff does use such photographs or footage, it may be edited at the sole and absolute discretion of Diamondback and the Diamondback Staff.
Participant consents to the use of Participant’s name, image, likeness, voice, and biographical material in connection with all footage, publicity, and related promotional material and for any and all publicity and promotional purposes. Participant expressly releases the Diamondback and the Diamondback Staff from and against all Claims arising from or relating to the production, distribution, broadcast, or exhibition of photographs, footage, or any promotional materials arising from or relating to the Rally.
PROHIBITION ON PARTICIPANT USING THE DIAMONDBACK RALLY AND SPONSOR LOGOS OTHER THAN THE PHYSICAL PLACEMENT OF THESE LOGOS ON THE PARTICIPANT’S VEHICLE DURING THE RALLY. Participant shall not use the “Diamondback” logo and any other logos designated by Diamondback Staff for placement on Participant's vehicle during the Rally for any purpose whatsoever (other than placing the logo on Participant's vehicle during the Rally) without obtaining the prior written consent of Diamondback. In particular, for example, and without limitation, Participant shall not use the “Diamondback Rally” logo and any other logos designated Diamondback or Diamondback Staff for placement on Participant's vehicle during the Rally on any website or in printed materials without obtaining the prior written consent of Diamondback.
PHOTOGRAPHS/VIDEOS TAKEN BY OR ON BEHALF OF PARTICIPANT. Participant shall only take or cause to be taken photographs and video/film footage of Participant's participation in the Rally for non-commercial purposes (that is for personal and private use only). Specifically, for example, and without limitation, Participant shall not reproduce or use photographs or 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 Diamondback. 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 Diamondback and, at the request of C Diamondback, shall deliver to Diamondback within thirty (30) calendar days (including all holidays) of the end of the Rally, at no cost to Diamondback, a tape in any format of all the footage originated by Participant at the Rally and copies of all photographs taken at the Rally Diamondback reserves the right to change the terms and conditions of Paragraphs above of this Agreement 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.
MEDIA APPEARANCES BY PARTICIPANT. Participant shall not be entitled to arrange or conduct any media appearances relating to Participant's participation in the Rally without obtaining the prior written consent of Diamondback.
PARTICIPANT’S PERSONAL INFORMATION. Participant understands that while Diamondback and the Diamondback Staff will take commercially reasonable efforts to keep Participant's personal information secure, neither Diamondback nor the Diamondback Staff shall have any responsibility or liability to Participant should loss or theft of this information occur. Participant consents to Participant’s personal details being supplied by Diamondback or the Diamondback Staff to other third parties that Diamondback or the Diamondback Staff deems appropriate at their sole and absolute discretion.
PARTICIPANT’S DEFENSE AND INDEMNITY OBLIGATIONS TO DIAMONDBACK AND THE DIAMONDBACK STAFF. Participant shall defend (with defense counsel of Diamondback’s selection), indemnify, save, and hold harmless the Diamondback Releasees against any and all Claims arising from or relating to the Rally and brought by any third party or any other natural person or entity as a result of Participant’s actual or alleged actions, omissions, conduct or participation in the Rally, including but not limited to Participant’s violation of any Federal, State, County, City or other municipal laws, ordinances or regulations, or Participant’s breach of any terms and conditions contained in this Agreement (hereinafter, “Indemnified Claims”). Participant’s obligations under this Paragraph of this Agreement include but are not limited to all associated costs and expenses (such as for example, and without limitation, defense counsel fees and expenses, court costs, filing fees, deposition costs, expert witness costs, and fees, e-discovery costs and document review and production costs) and any amounts which Diamondback Releasees may pay as a result of a judgment, settlement or compromise of any such claims or liabilities. The Diamondback Releasees shall have complete control over the defense of any Indemnification Claim, including but not limited to the right to unilaterally select defense counsel for any Indemnified Claims and the right to settle any Indemnified Claim without the consent of participant.
MANDATORY FORUM SELECTION, CHOICE OF LAW AND WAIVER OF JURY TRIAL CLAUSE.
Mandatory Forum Selection Clause. The Parties agree that the Supreme Court of the State of Texas, County of Travis or the United States District Court for Texas, shall be the exclusive forums – to the exclusion of all other forums – for any and all litigation by any Party against any other Party with respect to or arising out of this Agreement, the Rally or the relationships created hereunder. The Parties agree that this is a mandatory – not a permissive – forum selection clause. The Parties agree to consent to the exercise of personal jurisdiction over them by those Courts and to accept service of process issued by those Courts with respect to any action pursuant to this Paragraph. No Party shall: (a) attempt to challenge the venue of any such action; (b) attempt to transfer the venue of any such action; or (c) seek dismissal of any such action pursuant to the doctrine of forum non-convenience.
Texas Law Clause. The Parties agree that this Agreement shall be construed in accordance with the substantive laws of the State of Texas without regard to principles of conflict of laws.
Waiver of Jury Trial Clause. To the extent permitted by law, the Parties hereby waive trial by jury in any action or proceeding arising from or relating to this Agreement or the relationships created hereunder.
ATTORNEYS’ FEES. In the event any action or proceeding is brought by any Party to enforce this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs in addition to all other relief to which that Party may be entitled.
AUTHORSHIP. It is the intent of the Parties that, in the event of any dispute arising in connection with this Agreement, the Parties shall be considered joint authors and no language, wording, or provision of this Agreement shall be construed against any of the other Parties because of the identity of the drafter.
COMPLIANCE WITH TERMS AND CONDITIONS. If purchased, Participant agrees to comply with all the terms and conditions of this Agreement fully and completely. Participant acknowledges and understands that the Diamondback and the Diamondback Staff will use commercially reasonable efforts to ensure that all other Participants to the Rally abide by the terms and conditions of this Agreement, but cannot guarantee that the Participants will abide by these terms and conditions and shall not liable to Participant if other Participants do not comply with the terms and conditions of this Agreement.