IN CONSIDERATION of being permitted to compete, officiate, observe, work for, or participate in any way in the EVENT(S) or being permitted to enter for any purpose any RESTRICTED AREA (defined as any area requiring special authorization, credentials, or permission to enter or any area to which admission by the general public is restricted or prohibited), EACH OF THE UNDERSIGNED, for himself, his personal representatives, heirs, and next of kin, the Entrant:
HEREBY acknowledges, agrees, and represents that immediately upon entering any of such RESTRICTED AREAS, and continuously thereafter, will inspect the RESTRICTED AREAS which he enters, and further agrees and warrants that, if at any time, he is in or about RESTRICTED AREAS and he feels anything to be unsafe, he will immediately advise the official of such and if necessary will leave the RESTRICTED AREAS and/or refuse to participate further in the EVENT(S).
ACCIDENT WAIVER AND RELEASE OF LIABILITY
I hereby acknowledge that, by attending the Pikes Peak International Hill Climb event (“Event”), I will be exposed to a number of risks associated with attendance at the Event. I HEREBY ASSUME ALL OF THE RISKS OF ATTENDING THE EVENT AND ANY/ALL ACTIVITIES ASSOCIATED WITH THE EVENT, including by way of example and not limitation:
Any and all risks before, during, or after the Event including, but not limited to; injury from objects thrown from spectator areas; injury from race track accidents involving vehicles of any type, parts of race track vehicles, or track debris; injury from fires; injury from natural debris such as rocks or tree limbs; and injury from lightning.
Any and all risks that may arise from negligence or carelessness on the part of the persons or entities being released (“Releasees”). Releasees include, but are not limited to, The Pikes Peak International Hill Climb, the Pikes Peak Auto Hill Climb Educational Museum, and any of their subsidiaries, affiliates, event participants, sponsors, officials, sanctioning bodies, and any of their employees, agents, officers, volunteers, directors, and other individuals affiliated with the Event.
On behalf of myself, my heirs, representatives, beneficiaries, and assigns, I hereby release and hold harmless the Releasees, of and from, and I do discharge and waive, any and all claims, demands, losses, damages, and liabilities that I may have or sustain with respect to any and all damage, illness, injury, of any type, and/or death, arising out of my attendance at the Event.
RELEASE OF MEDIA AND INTELLECTUAL PROPERTY RIGHTS
Any and all PPIHC events shall not be recorded or photographed for commercial purposes without the express written consent of The Pikes Peak International Hill Climb (“PPIHC”).
All media (including images, photos, video footage, and audio recordings) and intellectual property rights related to or associated with PPIHC and PPIHC events (collectively, “Media”), including the Pikes Peak International Hill Climb auto race (the “Race”), belongs to PPIHC, and is wholly reserved in perpetuity to PPIHC and its licensees. All Media from or related to PPIHC events, including but not limited to photos and footage, are part of the PPIHC’s intellectual property and can be used by PPIHC and/or its licensees for promotional purposes or any other purposes. All Media belongs to PPIHC and is for the PPIHC’s exclusive (except as agreed to by PPIHC), perpetual, and worldwide usage.
Any unauthorized use or sale of Media, including, but not limited to, reproduction, retransmission, or the making of or inclusion of Media into a broadcast, internet, web, motion picture, DVD or tape program, or any other form of distribution, without the prior express written consent of the PPIHC, is strictly prohibited. The licensing or sub-licensing of creative content from PPIHC events shall be strictly forbidden without the prior express written consent of the PPIHC. The PPIHC has the sole and exclusive rights to all creative content, including but not limited to images and footage taken by spectators at PPIHC events and/or persons without media credentials.
NOTICE OF FILMING AND PHOTOGRAPHY
When you enter a Pikes Peak International Hill Climb (“PPIHC”) event or program, you enter an area where photography, audio and video recording may occur. By entering the event or program premises, you consent to interview(s), photography, audio recording, and/or video recording of yourself (collectively, “Materials”), and its/their release, publication, exhibition, reproduction, licensing, alteration, adaption, exploitation, or other use, in any format or medium now existing or hereafter created, and for any purpose, including but not limited to, web casts, promotional purposes, telecasts, advertising, publicity, and public relations by PPIHC and its affiliates, representatives, sponsors, and licensees (collectively, “Affiliates”). You release PPIHC and its Affiliates, their officers, employees, and agents, and each and all persons involved, from any liability connected with PPIHC’s or its Affiliates’ exercise of the rights contained in this Notice, including, without limitation, liability for any violation of the right to publicity, for defamation, invasion of privacy, or emotional distress.
By entering the event or program premises, you waive all rights you may have to any claims for payment or royalties in connection with any use of these Materials, regardless of the purpose or sponsoring of such use, exhibition, stream, broadcast, web cast, or other publication irrespective of whether a fee for admission to the program or event is charged. You also waive any right to inspect or approve any interview, photo, image, video and/or audio recording of yourself, taken by PPIHC or the person or entity designated to do so by PPIHC.
You agree that you have been fully informed of your consent, waiver of liability, and release before entering the event.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.