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 and/or by entering the construction site. 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:
a) 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.
b) 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.
In the event I am injured during the Event, I agree to promptly report to medical personnel before leaving the mountain.
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.
The PPIHC reserves the right to cancel the Event as well as all ancillary events at its own discretion. In the event of a cancellation, no refunds will be given.
By entering a construction site, I fully understand that construction and other activities at the construction site are dangerous and involve risk of serious injury, death, and/or property damage. I hereby release, waive, and discharge, and convenant not to sue, Pikes Peak Auto Hill Climb Educational Museum Inc, Pike National Forest, the City of Colorado Springs, GE Johnson Construction, Pikes Peak - America’s Mountain, including, but not limited to, any and all employees, officers, and contract workers, from any and all damages, losses, penalties, liability, costs, attorney’s fees and expenses of any nature, and any demands, claims, suit, and causes of action therefore, arising out of or resulting from the Undersigned’s presence at the construction site.
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.
The PPIHC trademarked event name, any and all PPIHC photos, and the PPIHC course map are the property of the PPIHC and may not be utilized in any form for product sales without express written permission from the PPIHC. Payment of appropriate licensing fee is required.
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.
As a spectator, race official, volunteer, sponsor or crew member attending the PPIHC, I agree that while attending the Event, I will adhere to the following filming policy:
In the event of an accident/incident on or off the course, anyone attending the Event, including but not limited to spectators, race officials, volunteers, sponsors and crew members may continue to film/shoot photos only if the driver is able to get out of the vehicle and there are no known injuries to the competitor, or anyone else involved. If the competitor is trapped in the vehicle, is unconscious or has significant obvious injuries, all parties in the vicinity will immediately cease capturing images either by camera, cell phone, or any other recording device and will instruct others to do the same.
Any images or footage inadvertently captured by any spectator, race official, volunteer, sponsor, crew member or anyone else attending the Event will immediately be turned over to, and become the property of, the PPIHC, their legal representatives, and/or law enforcement.
The PPIHC owns all media (including images, photos, video footage, and audio recordings) and intellectual property rights related to or associated with any crash/incident/or sensitive situation. The PPIHC may deem any media captured as “restricted” and that media belongs to PPIHC and is for the PPIHC’s exclusive (except as agreed to by PPIHC), perpetual, worldwide usage. This includes any and all Media captured that the PPIHC deems restricted.