JNC TOUGE CALIFORNIA TERMS & CONDITIONS
Safety: Touge California (the “Event”) is not a race, speed contest or timed competition. You must not compete in any manner with other participants. You must comply with all applicable traffic laws. If you are observed driving outside of compliance with applicable law (see “Compliance” below) by the Touge California staff (the “Organizer”), you will be prohibited from taking any further part in the event.
Compliance: You must comply with all applicable laws and regulations of the City, County, State and Country in which you are in, including without limitation all speed regulations, laws of the road, laws relating to the safety of your vehicle and laws relating to the possession or use of alcohol, drugs or other prohibited substances. If you are observed violating speed regulations and laws of the road the Organizer reserves the right to prohibit you from participating further in the Event. You must participate in the Event in the vehicle you stated you would when completing the Application Form. You will only be able to participate in another vehicle subject to the Organizer’s consent (which it is entitled to hold in its absolute discretion). If the Organizer does not consent to participation in a vehicle other than the one stated in the entry form, you shall be refused access to further participating in the Event (and you shall not be entitled to a refund of your entry fee). The person(s) entering the Event must participate in the Event. If for whatever reason you are unable to participate, your entry place is not transferable in any circumstances whatsoever.
Age: You must be over 18 years of age for to participate in the Event.
Responsibility: The Organizer accepts no responsibility for the consequences of you being cited, charged, damage to your vehicle or third party vehicle, prosecuted, thrown out due to improper behavior at any location, stop, facility, establishment, public road, that the Event takes place in.
Insurance Coverage: You shall obtain and maintain appropriate insurance covering your participation in the Event and shall provide proof of such insurance in a form satisfactory to the Organizer should they require. Appropriate insurance includes, without limitation, third party liability, liability cover for yourself, medical, damage to property and life insurance and also cover for your vehicle’s participation in the Event.
Vehicle: You must have legal and valid vehicle registration with name of participant matching participating vehicle.
Participant: You must hold a current, valid and unrestricted driver’s license. You must also be willing to inform any information that the Organizer requests from you in relation to your own personal details and those of your vehicle is accurate and complete in all material respects.
Personal Acquisitions: The entry fee into the Event does not include personal acquisitions, motor fuel, food and beverage (except as provided for at the Event’s privately sponsored venues), fines of any sort, or damage caused at any venue visited.
Intoxicating Substances: You must not consume alcohol while driving. You must not drive under the influence of alcohol or any other intoxicating substance at any time. You must not consume any illegal or intoxicating substances at any time during the Event. If the Organizer or Event staff finds you under the influence of alcohol while driving or attempting to drive or under the influence of any illegal or intoxicating substances, the Organizer reserves the right to prohibit you from participating further in the Event.
Indemnity: You will indemnify the Organizer, its directors, officers, employees and consultants against any and all claims, lawsuits and causes of action whatsoever or howsoever arising and brought against them by any third party as a result of your action or participation in the Event, including without limitation, your violation of any laws or regulations or your breach of these Terms and Conditions of Entry.
Force Majeure: The Organizer, its directors, employees, sponsors, advisors and consultants is not responsible if it cannot fulfill their obligations resulting from contracts (including without limit the holding of the Event or any part of it) in cases of fire, earthquake, epidemic diseases, cyclone, flood, aridity, strike, lightning, revolution, terrorist activities and similar troubles, confiscation and expropriation, and in other cases defined as Force Majeure by the laws and regulations. The Organizer cannot be held responsible if it is not possible for the Organizer to fulfill any one of its obligations or if a delay occurs in fulfilling its obligations due to any reason or situation beyond its will power and control, including but not limited with the cases of over-reservation due to the general instructions of any relevant official institution municipality or another office, the provisions of the laws, regulations and statute, the instructions which will be given by the authorized officials, extraordinary situations, and Force Majeure. For the avoidance of doubt, if the Organizer acting reasonably decides to call off the Event either before the Event or during the Event due to an incident (such as for example, a death or serious injury in connection with the Event, or an event that otherwise naturally detracts from the Event), such event will be considered to be a force majeure event in accordance with this Clause and the Organizer will have no liability, in particular and without limitation, to refund the entry fee or any part of it to any participant.
Logo/Branding: You agree to have the Touge California logo attached to your vehicle during the entire Event. You are not entitled to deface, cover-up or otherwise obscure such logo and shall endeavor to keep it clean and visible at all times. Logo is non-permanent and easily removable without damaging vehicle finishes. The Organizer will therefore not be responsible for claims for damage to vehicle finishes as a result of the application or removal of such logo.
Use of Trademark: You shall not be entitled to use the Japanese Nostalgic Car or Touge California logo for any purpose whatsoever (other than placing the sticker of it on your vehicle) without obtaining the prior written consent of the Organizer.
Refunds Policy: No refunds of the entry fee will be made under any circumstances (including, without limitation, if at any point after you have entered the Event, i.e. after paying any sum towards taking part in the Event, you are unable to participate for any reason).
Refunds During Event: After the commencement of the Event, the Organizer will not make any refund of the entry fee or pay compensation to you if you are unable to participate or continue in the Event for any reason whatsoever. If you do not manage to complete any part of the route you will NOT be entitled to any refund of the entry fee whatsoever. Upon entering the Event, venues are hired and “dropping out” does not entitle you to any compensation.
Violation of Terms: If you violate any of the Terms and Conditions or refuse to follow the instructions given to you during the Event by the Organizer, you may be prohibited from further participation in the Event.
Right of Refusal: The Organizer reserves the right to refuse participation in or to cancel the Event at any time for any reason whatsoever (without being obliged to disclose the reason). In case of the cancellation of the Event or the refusal to allow you to participate, no refunds of the entry fee will be made.
Image Rights: By participating in the Event you consent to be photographed and to be included in the filming of footage documenting the Event. You hereby waive any and all rights of publicity or privacy and grant the Organizer full and complete permission to utilize and exploit your appearance in the Event in any and all manner and media throughout the world in perpetuity. You further agree that the Organizer has the sole discretion to use or refuse to use any photographs or footage in which you appear, and that if the Organizer does use such photographs or footage, it may be edited at the Organizer’s sole discretion. You consent to the use of your name, image, likeness, voice and biographical material about you in connection with any and all footage, publicity and related promotional material and for any and all publicity and promotional purposes. You expressly release the Organizer, its directors, officers, agents, employees, consultants, licensees and assigns from and against any and all claims which you have 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.
Media Appearances: You shall not be entitled to arrange or conduct any media appearances or make statements to the press relating to your participation in the Event without obtaining the prior written consent of the Organizer. In the event that any press statements or media appearances are issued or required in any way in connection with your participation in the Event, you will cooperate fully with the Organizer in such activities.
Change of Terms: The Organizer reserves the right to change these Terms and Conditions from time to time subject to notifying you of the changes. You shall be deemed to have accepted the amended terms and conditions by participating in the Event.
United States of America Law: U.S. law in the Event governs these Terms and Conditions and your participation, and you submit to the jurisdiction of the Courts of the United Stated of America. Please note that by completing the Application Form and accepting these Terms and Conditions you are concluding a legally binding agreement with us to participate in the Event on these Terms and Conditions. It is understood that while the Organizer will endeavor to keep personal information secure, it does not accept any responsibility should loss or theft of this information occur. Consent is given to pass on personal details to other third parties that the Organizer thinks appropriate.
Confidentiality: You agree to keep confidential, and not disclose to any third party, details of all incidents that occur during the Event including, without limitation any and all details of any road traffic accidents that may occur during the Event.
Entire Agreement: These Terms and Conditions of Entry, the Waiver and the Application Form constitute the whole agreement between the parties and supersedes any previous arrangement, understanding or agreement reached between the parties whether in oral or written form.