Last Modified: January 1, 2014
Welcome to the Internet website (the “Site”) of Daytona International Speedway, LLC (“DIS”, “we", "us", or "our"). PLEASE REVIEW THE FOLLOWING TERMS THAT GOVERN YOUR USE OF THIS SITE.
ACCEPTANCE OF TERMS THROUGH USE
The Site is provided as a service to our customers and may be used for informational purposes only. We make no representations about the suitability of the Site for any other purpose.
CLASS ACTION WAIVER
Each party agrees that an arbitrator, judge, magistrate or other similar authority may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action.
The Site and the Contents are intended solely for your personal, informational, non-commercial and entertainment use. You may copy or download the Contents for your personal use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to any Contents, (iii) you do not use any Contents materials in a manner that suggests an association with DIS or any event, product, service, or brand, and (iv) you do not download quantities of Contents to a database that can be used to avoid future downloads from the Site. Otherwise, you may not copy, reproduce, republish, upload, post, transmit, distribute, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software without DIS’ prior written consent. Any use of the Contents on any non-DIS Site or computer environment is strictly prohibited. In the event you download software from the Site, the software, including any files, images, or data accompanying, incorporated in or generated by the software (collectively, the "Software"), are licensed to you for your personal, noncommercial use only. DIS does not transfer title to the Software or any other materials on the Site to you. You may not redistribute, sell, de-compile, reverse engineer, disassemble, modify, or otherwise reduce the Software to a human-readable form. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by DIS to do so. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. DIS reserves complete title and full intellectual property rights in any Content you download from this website.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from DIS.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ANY USE OF THE SITE AND THE CONTENTS, WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR PERSONAL, NON-COMMERCIAL USE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DIS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SECURITY OR CONFIDENTIALITY OF USE OR INFORMATION. DIS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SITE OR THE CONTENTS, INCLUDING WITHOUT LIMITATION THE AVAILABILITY OF THE SITE, ANY CORRECTIVE EFFORTS FOR ANY DEFECTS OR ERRORS ON OR IN THE SITE, THE ABSENCE OF ANY VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENTS. COSTS ASSOCIATED WITH ANY SERVICING, REPAIR, OR CORRECTION ASSOCIATED IN ANY WAY WITH ANY USE OF THE SITE OR THE CONTENTS ARE YOUR SOLE RESPONSIBILITY.
Goods or services neither manufactured nor rendered by DIS are the sole responsibility of the manufacturer or provider of those goods or services. DIS disclaims all warranties and responsibility for those goods and services. The Site may contain links to websites controlled by parties other than DIS. Those links are provided for your convenience only; we disclaim all warranties and responsibility for those websites, and for the accuracy, availability, or completeness of any content found on those websites. The Site does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against DIS or any DIS parent, subsidiaries, limited liability or affiliate companies with respect to such sites and third-party content.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL DIS OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SPONSORS, OR PROMOTIONAL PARTNERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND RESULTING FROM OR IN ANY WAY ASSOCIATED WITH THE SITE, THE CONTENTS, ANY LINKED SITES, OR ANY USE THEREOF. THIS LIMITATION APPLIES TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW AND WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ISC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
REGISTRATION AND ACCOUNT SECURITY
To the extent applicable at the DIS Site, in order to become a member at the Site, you may be required to register for a Site account (“Account”). If you choose to register for an Account, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update such information to keep it true, accurate, current and complete as permitted through the functionality of the Site. You acknowledge and agree that DIS will have no liability associated with or arising from your failure to maintain accurate registration information, including, without limitation, your failure to receive important information and updates about the Site. If DIS has reasonable grounds to suspect that the information you provided on the registration form or otherwise is untrue, inaccurate or incomplete, DIS may suspend or terminate your Account and refuse any and all current or future use of the Site (or any portion thereof) by you.
DIS makes no representation that the Site or the Contents are appropriate or available for use in locations outside the United States. If you use the Site or Contents from a location other than the United States, you are solely responsible for compliance with all applicable local laws, including without limitation any import and export regulations.
CHOICE OF LAW AND FORUM
We are pleased to hear from our visitors and welcome your comments regarding our products and services. Unfortunately, however, our company policy does not allow us to accept or consider creative or original ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that the intent of this policy is to avoid the possibility of misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited materials such as ideas, artwork or photos. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).
If, at our request, you send certain submissions (such as postings to chat boards, or contest entries) or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, DIS property. No Submission shall be subject to any obligation of confidence on DIS’ part and DIS shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, DIS shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
By posting or submitting content to this site, you (1) grant DIS and its parent, subsidiaries, and affiliates and their licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and (2) warrant and represent that public posting and use of that content by DIS will not infringe or violate the rights of any third party.
The Site may offer opportunities for users to submit and post their own user content (collectively, "User Materials") in connection with various Site features, including posting to blogs, communicating with other Site users and posting comments to discussion forums (each, a "Community Feature"). The selection of available Community Features may change from time to time in the sole discretion of DIS.
By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Material in connection with The Site, whether solicited or unsolicited, you are granting DIS a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to publish, transmit, perform, display, create derivative works from and otherwise use such User Material for any purpose, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may submit. DIS also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. All User Materials become the unrestricted licensed property of DIS.
You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by DIS will not infringe or violate the rights of any third party in any manner.
DIS may at its own discretion monitor and prescreen User Materials, and while DIS and its designees reserve the right, but not the obligation, in their sole discretion to refuse, move, edit or delete any User Materials without prior notice, in whole or in part, that is deemed to violate these Terms or is otherwise objectionable, you agree to be responsible for, and bear all risks associated with, the use of any User Materials, including any reliance on the accuracy, completeness or usefulness of such User Materials.
In your use of any Community Feature, you agree, without limitation, not to upload, transmit, distribute or otherwise publish in any form any User Material that is:
You acknowledge that DIS is not responsible for any User Material posted in any Community Feature or otherwise available at or through The Site, including, without limitation, comments made by a Friend about prospective purchases. DIS is merely providing access to such Community Features and User Materials as a service to you to be used in accordance with these Terms. You may only use the Community Features in a personal, noncommercial manner. With respect to any User Materials posted by other users, you acknowledge and agree that such users are solely responsible for the User Materials they post, including, without limitation, the reliability, accuracy and truthfulness of any such User Materials. DIS has no control over whether such User Materials are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, DIS expressly disclaims any responsibility for User Materials. Just as when you view content in any other setting, you should exercise appropriate discretion, good judgment and caution in using User Materials in any Community Feature and in taking any actions based upon such User Materials. Accordingly, you will bear all risks associated with any User Materials that you access or use.
DIS reserves the right, but not the obligation, to monitor, edit and/or remove any User Materials deemed inconsistent with these Terms or our policies. DIS also reserves the right to terminate your Account if you violate any of these Terms or our policies, as determined in our sole discretion.
If you are aware of any User Material on The Site which violates these Terms, please contact us by using the email support function at the Website. Please provide as much detail as possible, including a copy of the underlying material, the location where DIS may find it, and the reason such User Material should be removed. Please note that filing a complaint will not guarantee its removal, DIS will only remove User Materials if DIS believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section below entitled "Copyright Infringement Claims." Although DIS may attempt to monitor User Materials, in no event does DIS assume any particular obligation to do so or any liability for failing to either monitor any Community Feature or remove specific User Materials.
DIS respects the rights of all copyright holders and in this regard DIS has adopted and implemented a policy that provides for notification and removal of content that allegedly infringes the rights of copyright holders. If you believe that your work has been copied at the Site in a way that constitutes copyright infringement, please provide DIS’ Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512:
DIS’ Copyright Agent for notice of claims of copyright infringement on or regarding the Site can be reached by email to: email@example.com or in writing to Agent for Copyright Claims, 1801 W. International Speedway Blvd., Daytona Beach, FL 32114.
Please note that under the same law any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages, including costs and attorneys’ fees.
RISK OF LOSS
All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery of the product to the carrier.
SEVERABILITY AND INTEGRATION
DIS may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time with or without notice to you. You agree that DIS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
You may terminate your use of the Site at any time. DIS reserves the right, in its sole discretion, to terminate your access and license to all or part of the Site at any time with or without notice.
USE OF RSS FEEDS
RSS is a free service offered by DaytonaInternationalSpeedway.com for non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS Content, are strictly prohibited. You must use RSS feeds as provided by DaytonaInternationalSpeedway.com, and you may not edit or modify the text, content or links supplied by DaytonaInternationalSpeedway.com. For web reprint, transcript or licensing requests for DaytonaInternationalSpeedway.com material, please send your request to DaytonaInternationalSpeedway.com.
LINK TO CONTENT PAGES
The RSS Service may be used only with those platforms from which a functional link is made available that, when accessed, takes it directly to the display of the full article on the DaytonaInternationalSpeedway.com site. You may not display the RSS Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable DaytonaInternationalSpeedway.com site web page. You may not insert any intermediate page, splash page or other content between the RSS link and the applicable DaytonaInternationalSpeedway.com site web page.
DaytonaInternationalSpeedway.com retains all ownership and other rights to any and all DaytonaInternationalSpeedway.com logos and trademarks used in connection with the RSS Service.
RIGHT TO DISCONTINUE FEEDS
These Terms of Service ("Terms") govern your access to and use of Daytona International Speedway, LLC’s (“DIS”) mobile application (the "Application"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Application (collectively referred to as "Content"). Your access to and use of the Application is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Application you agree to be bound by these Terms.
You are responsible for your use of the Application and for any consequences thereof.
You may use the Application only if you can form a binding contract with DIS and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Application only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Application that DIS provides is always evolving and the form and nature of the Application that DIS provides may change from time to time without prior notice to you. In addition, DIS may stop (permanently or temporarily) providing the Application (or any features within the Application) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use at our sole discretion at any time without prior notice to you.
The Application may include advertisements, which may be targeted to the Content or information on the Application, queries made through the Application, or other information. The types and extent of advertising by DIS on the Application are subject to change. In consideration for DIS granting you access to and use of the Application, you agree that DIS and its third party providers and partners may place such advertising on the Application or in connection with the display of Content or information from the Application whether submitted by you or others.
Content on the Application
You understand that by using the Application, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will DIS be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Application or broadcast elsewhere.
User Information – Privacy
Background Data Collection
The developers of the Application and its functions may collect, store and use anonymized or aggregated data collected through the Application for their commercial purposes.
By default, upon downloading the Application and opening it for the first time you will receive promotional and information notifications (“Notifications”). You may elect to enable additional Notifications for various subjects through the Application. In order to disable all Notifications, please visit the “Settings” menu of your mobile device (outside the Application) and disable Notifications for the Application.
Location Based Features
Your wireless device may be configured to automatically broadcast information to wireless access points, including our Bluetooth locator beacons (“Locator Beacons”). DIS may keep a record of any publicly-broadcasted information from those mobile devices configured to communicate with our Locator Beacons. The data collected through our Locator Beacons may include but is not limited to: date/time stamp, Locator Beacon location (which can be associated with an actual physical location), and any user information made available through the Application.
If not disabled by you, we also may use your location to send you location-based Notifications.
You can terminate device location tracking by us by uninstalling the Application. You can also terminate device location tracking by deactivating your device’s GPS and Bluetooth features, however you may lose some functionality in the Application as a result. The location-based services offered in connection with the Application are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage.
DIS gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by DIS as part of the Application. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Application as provided by DIS, in the manner permitted by these Terms.
All right, title, and interest in and to the Application (excluding Content provided by users) are and will remain the exclusive property of DIS and its licensors. The Application is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the DIS name or any of the DIS trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding DIS, or the Application is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Restrictions on Content and Use of the Application
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Application and to terminate users. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of DIS, its users and the public.
Children’s Online Privacy Protection Act Notification
The Application is not designed or intended for use by children under the age of 13.
The Application is Available "AS-IS"
Your access to and use of the Application or any Content is at your own risk. You understand and agree that the Application is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, DIS AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Application or any content thereon. DIS will not be responsible or liable for any harm to your computer system, mobile device, loss of data, or other harm that results from your access to or use of the Application, or any Content. You also agree that DIS has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Application. We make no warranty that the Application will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from DIS or through the Application, will create any warranty not expressly made herein.
The Application may contain links to third-party websites or resources, including without limitation various social media websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; (ii) the content, products, or services on or available from such websites or resources; or (iii) any content or information you provide or disclose to such websites or resources. Links to such websites or resources do not imply any endorsement by DIS of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIS AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APPLICATION, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE APPLICATION; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT DIS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
CLASS ACTION WAIVER
EACH PARTY AGREES THAT AN ARBITRATOR, JUDGE, MAGISTRATE OR OTHER SIMILAR AUTHORITY MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
The failure of DIS to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Florida without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Application will be brought solely in Volusia County, Florida, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Florida (excluding choice of law).
We may revise these Terms from time to time, the most current version will always be available to you at DISWEBSITE/MobileAppTOS. By continuing to access or use the Application after those revisions become effective, you agree to be bound by the revised Terms.
This Application is operated and provided by DIS. If you have any questions about these Terms, please contact us at firstname.lastname@example.org. Daytona International Speedway, LLC, 1801 W. International Speedway Blvd., Daytona Beach, Florida 32114.
Effective: June 27, 2016
By downloading and using the Application, you also agree to the following:
TOYOTA RELEASE, WAIVER, COVENANT NOT TO SUE, PHOTO/RECORDING RELEASE, AND REPRESENTATIONSEvent: Toyota DAYTONA INTERNATIONAL SPEEDWAY activations including: Truck Drive Experience, Toyota Thrill Ride, Toyota Ferris Wheel, Toyota Race Simulator, High-Bank, Big Head Racing, Bobble Head Racing, Toyota PitPass and other injector photo opportunities / activations. Location & Date: DAYTONA INTERNATIONAL SPEEDWAY, Daytona Beach, Florida: 2.1.16 to 3.1-2026
The person who is participating in the (a) Truck Drive Experience, (b) Toyota Thrill Ride, (c) Toyota Ferris Wheel and/or (d) the Toyota Race Simulator, High-Bank, Big Head Racing, Bobble Racing and Toyota PitPass and other injector photo activities – each of which is described herein (collectively as the "Events" or the “Activities”) shall be referred to hereinafter as “PARTICIPANT.” “THE UNDERSIGNED” means only the PARTICIPANT when the PARTICIPANT is age 18 or older OR it means both the PARTICIPANT and the PARTICIPANT’s parent or legal guardian when the PARTICIPANT is under the age of 18.
For and in consideration of being permitted to: (a) drive or be a passenger in, or otherwise allowed to enter any area where any activity related to the Events or being permitted to observe or otherwise participate in or in any other way be involved for any purpose with the Events, and for other good and valuable consideration, THE PARTICIPANT, FOR HIM/HERSELF, HIS/HER PERSONAL REPRESENTATIVES, HEIRS, NEXT-OF-KIN, MINOR CHILDREN, ASSIGNS AND INSURERS UNCONDITIONALLY AND VOLUNTARILY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE ANY AND ALL SPONSORS (AS HEREINAFTER DEFINED) FROM ANY AND ALL CLAIMS FOR DAMAGES FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR ANY OTHER TYPE OR KIND OF INJURY OR DAMAGE WHICH HE/SHE, HIS/HER PERSONAL REPRESENTATIVES, HIS/HER MINOR CHILDREN, HEIRS, NEXT-OF-KIN, ASSIGNS AND INSURERS MAY HAVE, OR WHICH MAY HEREAFTER ACCRUE, AS A RESULT OF HIS/HER OR HIS/HER CHILD’S PARTICIPATION IN THE EVENTS. The undersigned understands that this document is intended to DISCHARGE IN ADVANCE the Sponsors from and against ANY AND ALL LIABILITY ARISING OUT OF, OR CONNECTED IN ANY WAY WITH PARTICIPATION BY the undersigned or the undersigned’s child in the Events, EVEN THOUGH THAT LIABILITY MAY ARISE OUT OF NEGLIGENCE, CARELESSNESS OR OTHER CONDUCT ON THE PART OF SPONSORS. The term "Sponsors" shall mean and include Toyota Motor Sales, U.S.A., Inc., including its Lexus division ("TMS"), Team Epic, (“TE”), Southeast Toyota Distributors, LLC a subsidiary of JM Family Enterprises, Inc. (“SET”), Chuck Brand Promotions, Inc. (“CBI”), Creative Management Services, LLC d/b/a MC2 (“MC2”), Daytona International Speedway Corporation (“DIS”), the owners or lessors of the Event sites, and their respective parent, subsidiary and affiliated companies, and their respective employees, directors, representatives, dealer associations, dealers, agents, contractors and officers.
THE UNDERSIGNED UNDERSTANDS THAT SERIOUS ACCIDENTS OCCASIONALLY OCCUR DURING THE ACTIVITIES ASSOCIATED WITH THE EVENTS, INCLUDING BUT NOT LIMITED TO: (A) AUTOMOBILE DRIVING ACTIVITIES (with either on and/or off road courses), (B) WHILE EMBARKING, DISEMBARKING AND RIDING ON A FERRIS WHEEL, (C) WHILE PARTICIPATING IN SIMULATED AUTOMOBILE RACING ACTIVITIES AND (D) AND PARTICIPATING AS A PASSENGER IN AN AUTOMOBILE THRILL RIDE AND/OR TRUCK EXPERIENCE COURSE, AND THAT PARTICIPANTS CAN SUSTAIN MORTAL OR SERIOUS PERSONAL INJURIES AND/OR PROPERTY DAMAGE. NEVERTHELESS, THE UNDERSIGNED ON HIS/HER OWN BEHALF AND ON BEHALF OF HIS/HER MINOR CHILD, IF ANY, HEREBY AGREES TO ASSUME FULL AND COMPLETE RESPONSIBILITY FOR, AND RISK OF, BODILY INJURY, DEATH, PROPERTY DAMAGE OR ANY OTHER TYPE OR KIND OF INJURY OR DAMAGE, WHICH MAY ARISE FROM PARTICIPANT’S PARTICIPATION IN THE EVENTS. THE UNDERSIGNED AGREES TO RELEASE, AND WAIVE ANY RIGHT TO BRING LEGAL ACTION AGAINST THE SPONSORS WHO THROUGH THEIR NEGLIGENCE, CARELESSNESS OR OTHER CONDUCT MIGHT OTHERWISE BE LIABLE FOR DAMAGES, INJURY AND/OR DEATH.
The Undersigned acknowledges, agrees, represents, and warrants that he/she is 18 years of age or older (but if a resident of Alabama or Nebraska, at least 19 years of age, and if a resident of Mississippi, at least 21 years of age).
The Undersigned acknowledges, agrees, represents, and warrants with respect to any automobile driving or riding activities that:
(a) If Participant is participating as the driver of a vehicle, Participant: (i) possesses a valid driver’s license without any restriction and has had no more than two moving violations in the three years preceding the date hereof, and no serious violations at all (e.g., driving while under the influence, reckless driving, etc.) (ii) can see and hear well enough to operate a motor vehicle properly and safely and is wearing any eyewear or hearing apparatus required to operate a motor vehicle properly and safely; (iii) will operate the vehicle in a safe manner, observing all traffic laws and will follow instructions, recommendations and cautions of the representative of TMS, TE, SET, CBI, MC2 and DIS, and their vendors at all times, whether or not on public streets; (iii) is not under the influence of any alcohol or illegal drug; (iv) is not under the influence of any intoxicants, narcotics, prescription medicine, or other drug which would impair his or her driving ability to operate the vehicle, nor does he/she have any physical or mental condition which would make participation in a performance drive test an undue risk to such driver, the vehicle or other participants of the Events; and (v) will properly wear seat belts at all times while he/she is in a vehicle in operation at any of the Events. Notwithstanding the forgoing, the Undersigned understands and agrees that a seat belt IS IN NO WAY A GUARANTEE OF SAFETY and that no seat belt can protect the wearer against all foreseeable impacts to the head or body, and that the Events and related activities can expose the user to forces that exceed the limits of protection provided by a seat belt. The Undersigned also understand that a seat belt does not guard against injury to the neck, spine or any other part of the body, and that these limitations are INHERENT RISKS of the Events and related activities; and
(b) if a child is a passenger in any vehicle, (i) the child must be at least 4’-9” tall, (ii) the child must ride in one of the back passenger seats, (iii) the child must ride in an age, weight and size appropriate child/infant restraint/booster seat (“Child Seat”) for a child riding in the rear seat area of the vehicle, and (iv) the child’s parent or legal guardian (A) must provide the Child Seat, (B) must install, use and remove the Child Seat properly, (C) must execute this agreement, (D) hereby accepts all responsibility for assuring that such Child Seat satisfies all legal requirements of the relevant jurisdiction in which the Events are staged, and (E) hereby agrees and acknowledges that none of the Sponsors will provide any hardware, accessories or on-site technical assistance, and/or otherwise be responsible for the Child Seat or any use thereof;
Toyota Simulator and High-Bank Activities:
The Toyota Simulator and High-Bank Activities are highly realistic and exciting automobile racing simulations. It involves sudden movements of the race car, which Participant will occupy, loud noises, bright flashing lights and video displays. PARTICIPANT UNDERSTANDS THAT PERSONS WITH HEART CONDITIONS, EPILEPSY, HYPERTENSION, ARE PRONE TO NAUSEA, OR OTHER PHYSICAL OR MENTAL CONDITIONS WHICH MAY BE TRIGGERED BY STRESS OR EXCITEMENT, AND PREGNANT WOMAN SHOULD NOT PARTICIPATE AND PARTICIPANT REPRESENTS AND WARRANTS THAT PARTICIPANT DOES NOT HAVE ANY OF THESE CONDITIONS.
Big Head Racing, Bobble Head Racing, Toyota Pitpass and other injector photo activities (Photo Activities):
The Big Head and Bobble Head activities allow you to digitally combine real and exciting automotive footage with personal photos. Your image may be simulcast on a screen within the Pitpass. Your image may also be photographed with life-size images of Toyota sponsored drivers within Toyota Pitpass.
The Undersigned acknowledges, agrees, represents, and warrants with respect to any Photo Activities that:
PARTICIPANT, ACKNOWLEDGES AND AGREES THAT SPONSORS AND/OR THEIR RESPECTIVE DESIGNEES MAY PHOTOGRAPH AND/OR RECORD THROUGH ANY MECHANICAL OR OTHER MEANS AVAILABLE (COLLECTIVELY “RECORDINGS”) PARTICIPANT’S NAME, LIKENESS, VOICE, PERFORMANCE AND/OR STATEMENTS (WHICH THE UNDERSIGNED AFFIRMS ARE PARTICIPANT’S REFLECTIONS OF HIS/HER/THEIR ACTUAL EXPERIENCES AND BELIEFS) AND USE AND EDIT SUCH RECORDINGS FOR ADVERTISING, PROMOTIONAL AND OTHER PURPOSES IN ANY MEDIA NOW OR HEREAFTER KNOWN THROUGHOUT THE WORLD IN PERPETUITY WITHOUT NOTICE, FURTHER CONSENT, OR PAYMENT OF ANY KIND TO PARTICIPANT OR ANY THIRD PARTY. THE RECORDINGS, AND ANY COPYRIGHTS AND OTHER RIGHTS THEREIN, SHALL BE OWNED EXCLUSIVELY BY TMS (OR ITS DESIGNEE) AND MAY BE LICENSED, ALTERED AND/OR COMBINED WITH OTHER MATERIALS AS ANY OF THE SPONSORS DETERMINE IN ITS/THEIR SOLE DISCRETION. PARTICIPANT and each of HIS/HER/their respective PERSONAL REPRESENTATIVES, HEIRS, NEXT-OF-KIN, ASSIGNS AND INSURERS SHALL NOT HAVE OR MAKE ANY CLAIM OF ANY KIND AGAINST ANY OF THE SPONSORS (AND/OR THEIR RESPECTIVE DESIGNEES) RESULTING FROM ANY OF THE SPONSORS’ OR A THIRD PARTY’S USE OF THE RECORDINGS AS PERMITTED HEREIN. If Participant’s services, or the use of any Recordings in which Participant appears, are subject to the jurisdiction of any collective bargaining agreement to which an applicable Sponsor is a signatory, the undersigned, on behalf of him/herself and any minor child, agrees that irrespective of the method of production, all session, use, reuse, holding and any other fees applicable to such services shall be paid to Participant computed at the applicable minimum scale fees provided for in the guild agreement having jurisdiction.
In consideration of being allowed to participate in any of the activities and/or being allowed to enter any area related to the Events, the undersigned, on behalf of him/herself and any minor child, hereby waives, releases, discharges and covenants not to sue any Sponsors for any and all claims the PARTICIPANT and/or participant’s PERSONAL REPRESENTATIVES, HEIRS, NEXT-OF-KIN, ASSIGNS AND INSURERS may have, now or in the future, against any of the Sponsors arising from injuries OR DEATH to participant or damages to participant's property, sustained while Participant is (1) at any of Event sites, (2) participating in any activities at any of the Events, and/or (3) being transported on the drive course or at any Event venue, regardless of whether such injuries, death or damages are caused, in whole or in part, by the NEGLIGENCE, CARELESSNESS OR OTHER CONDUCT ON THE PART OF SPONSORS.
The undersigned agrees that the foregoing terms ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY LAW. The terms hereof shall continue FROM THIS DATE FOREVER. If any portion of this document is held invalid, it is agreed that the balance shall continue in full legal force and effect. This document embodies the entire agreement and supersedes any previous or contemporaneous negotiations or agreements with respect to these matters. THE UNDERSIGNED AGREES THAT NO PROMISE OR INDUCEMENT HAS BEEN OFFERED EXCEPT AS HEREIN SET FORTH, AND THAT THIS DOCUMENT HAS NOT BEEN EXECUTED BASED UPON STATEMENTS BY ANY PERSON OTHER THAN THOSE SET FORTH HEREIN. The undersigned is aware of and has read Section 1542 of the California Civil Code (the "Law") which reads as follows: "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." This document shall be construed and interpreted in accordance with the laws of the State of California, without regard to conflicts of law principles thereof. THE UNDERSIGNED, on behalf of him/herself and any minor child, HAS CAREFULLY READ, FULLY UNDERSTANDS AND VOLUNTARILY SIGNS THIS DOCUMENT, AND UNDERSTANDS COMPLETELY ALL THE TERMS USED AND THEIR SIGNIFICANCE.
In the case of a minor Participant, the undersigned parent or legal guardian acknowledges that he/she is also signing this release on behalf of the minor Participant and that the minor Participant shall be bound by all the terms of this release. Additionally, by signing this release as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is waiving certain rights on behalf of the minor that the minor otherwise may have. The undersigned parent or legal guardian agrees that but for the foregoing, the minor Participant would not be permitted to participate in the Events or related activities.
By signing this release without a parent or guardian’s signature, the Participant represents that he/she is at least 18 years of age, or, if signing as the parent or guardian of the Participant, you represent that you are the legal parent or guardian of the minor Participant AND ACCEPT FULL RESPONSIBILITY.