In consideration of being permitted to participate in the Suzuki Motor of America Inc. Contingency Program during the 2014 season, I, for myself, my successors, heirs, assigns, minors, and incompetent persons (if any), release and forever discharge Suzuki Motor of America Inc. (“SMAI”), its parent company, and each of their affiliates and related companies, agents, employees, servants, officers, directors, and authorized dealers (collectively “Released Parties”) from all claims, actions, suits, or judgments I may have or claim to have against SMAI and Released Parties, either now or in the future. I agree that I am responsible for all personal injuries, including death, and damage to property, either real or personal, caused by or arising out of or in any way relating to my participation in the Suzuki Motor of America Inc. Motorcycle Contingency Program for 2014, including any and all injuries, death, or property damage occurring either in whole or in part as a result of SMAI and the Released Parties' active, gross, or other negligence (if any). I make this release and discharge with knowledge that motorcycle racing is a hazardous activity, and that it is impossible to predict the existence or severity of any hazards or defects that may exist at the locations where the races will be held.
I further agree for myself, my successors, heirs, assigns, minors, and incompetent persons (if any) to indemnify and hold SMAI and the Released Parties harmless from and against any and all claims, actions, suits, or judgments for personal injuries, including death, and damage to property, either real or personal, arising out of or in any way relating to my participation in the Suzuki Motor of America Inc. Motorcycle Contingency Program for 2014, and from and against any and all expenses (including costs and attorneys' fees) incurred in defending said claims, actions, or suits, including any and all judgments or expenses occurring in whole or in part as a result of the Released Parties' active, gross, or other negligence (if any).
I further agree that without any additional compensation, my name, photographs, pictures, voice, likeness, slides, movies, or other reproductions, regardless of type or medium, taken of myself or made in connection with my participation in the Suzuki Motor of America Inc. Motorcycle Contingency Program for 2014, and any copies of the same, may in any manner be used by SMAI, or by any person, corporation, or association authorized by SMAI on a perpetual and worldwide basis.
Governing Law/Venue. This agreement shall be interpreted in accordance with, and governed by, the laws of the State of California, without regard to its conflict of law rule. Any and all disputes between the parties that cannot be settled by mutual agreement shall be resolved solely and exclusively in the local and federal courts located within the state of California in the county of Orange, and each party hereby consents to the jurisdiction of such courts and irrevocably waives any objections thereto, including without limitation, on the basis of improper venue or forum non conveniens.
Assignment, This agreement may not be assigned by either party to any other person(s), firm(s), corporation(s), or other entities without the prior express written approval of the other party, except either party hereto shall have the right to assign this agreement and/or any of its right or duties hereunder to any entity controlling, controlled by or under common control with such party or to another entity in connection with a reorganization, merger, consolidation, acquisition or other restructuring involving all or substantially all of the voting securities and/or assets of the assigning party.
Severability. If any of the provisions of this agreement is or becomes illegal, unenforceable, or invalid (in whole or in part for any reason), the reminder of this agreement shall remain in full force and effect without being impaired or invalidated in any way.
Waiver of Jury Trial and Class Action. Each party, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a trial by jury and any right to pursue any claim or action arising out of or relating to the Suzuki Contingency Program and/or this agreement on a class or consolidated basis or in a representative capacity.
Limitation of Liablity. IN NO EVENT WHATSOEVER SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY, FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR OTHER SIMILAR TYPE OF DAMAGES, INCLUDING YET NOT LIMITED TO DAMAGES BASED UPON LOSS OF PROFITS AND/OR LOSS OF BUSINESS ARISING OUT OF OR IN ANY WAY RELATED TO THE SUZUKI CONTINGENCY PROGRAM AND/OR THIS AGREEMENT, THE PERFORMANCE THEREOF, THE USE OF THE PRODUCTS PROMISED OR SERVICES DELIVERED PURSUANT TO THIS AGREEMENT AND/OR SUZUKI CONTINGENCY PROGRAM, AND/OR A PARTY’S ALLEGED BREACH OF THIS AGREEMENT, WHETHER OR NOT THE OTHER PARTY IS INFORMED, KNEW OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE; OR (ii) IN ANY AMOUNT OF MONEY WHICH SHALL EXCEED THE AMOUNT OF THE FEE PAID OR TO BE PAID (WHICHEVER IS GREATER) BY RIDER TO SUZUKI ARISING OUT OF OR RELATING TO THE SUZUKI CONTINGENCY PROGRAM.
I am in good health and have no physical conditions that would prevent me from participating in motorcycle racing.
I understand that the following rules apply to the 2014 Suzuki Motorcycle Contingency Program:
- The 2014 Suzuki Contingency program runs from November 1, 2013 through October 31, 2014.
- Only New any model year RM85 and RM85L models sold by authorized U.S. dealers are eligible for motocross contingency.
- Only New 2013 and 2014 RM-Z250 and RM-Z450 models sold by authorized U.S. dealers are eligible for motocross contingency.
- All eligible models must retain the Suzuki Logo and have a Yellow Front Fender.
- Contingency will be paid to the Warranty Registered owner. If the motorcycle raced is not owned by the racer, no contingency payments will be made. Only the original owner is eligible for contingency payments.
- In order to be paid, participants must have a valid U.S. Social Security Number or taxpayer ID number.
- Participants must have a valid U.S. address.
- Rider will be paid for (2) classes per registered motorcycle. If more than (2) classes are raced, the rider will be paid for the (2) highest earning amounts.
- If an event is sanctioned by more than one promoter, the rider will be paid for one event only.
- If there is more than one division per class, only the division specified by the promoter will be paid.
- Contingency payments will not be made to classes that have fewer than the required minimum number of riders.
- Contingency payments will be made on a reloadable Suzuki Contingency Card only redeemable at authorized U.S. Suzuki dealerships.
- There must be a minimum of (7) riders in a class for all paying positions to be paid. For classes with (3) to (6) riders, the top (2) positions will be paid. No payments will be made to any riders with classes less than (3) riders.
- Riders falsifying claims will be automatically disqualified from the program.
The registration must be submitted to SMAI within 30 days after the first event in order to qualify for payment. Registrations submitted after the 30 day period will not be eligible for payment. It is the racer’s responsibility to resolve race result disputes with the race organization. SMAI will only make payments based on results provided by the race organization. No payments will be made for races included in the 2014 Suzuki contingency program after January 1, 2015. Any errors or missed payments must be reported to Suzuki in writing prior to January 1, 2015 or those payments will be forfeited.
I understand that racers must own the motorcycles raced in the contingency races in order to receive payment. I agree to include proof of ownership. I agree to complete this application and submit it to SMAI within 30 days after my first event in order to qualify for payment. I agree that applications submitted after the 30 day period will not be eligible for payment. I understand that it is my responsibility to resolve race result disputes with the race organization, and that SMAI will only make payments based on results provided by the race organization.
I agree that the 2014 Suzuki contingency program ends October 31, 2014. I agree that absolutely no payments will be made for races included in the 2014 Suzuki contingency program after January 1, 2015. I agree it is my responsibility to track and verify all my eligible finishes and payments from Suzuki. Any errors or missed payments must be reported to Suzuki in writing prior to January 1, 2015 or those payments will be forfeited.
I understand that amateur and professionals will receive a reloadable Suzuki Rewards Card only Redeemable at Authorized U.S. Suzuki Dealerships.
I UNDERSTAND that section 1542 of the California Civil Code states that a general release does not extend to claims which I do not know exist, or do not suspect exist at the time of signing the release, and which, if I knew or suspected such claims exist, would have materially affected my willingness to sign the release. Notwithstanding the language of section 1542, and with full knowledge and understanding thereof, by signing below, I HEREBY WAIVE MY RIGHTS under section 1542 of the Civil Code of California or any similar law of any other state, and I acknowledge that this waiver is an essential term of this release without which SMAI and the Released Parties would not have allowed me to participate in the Contingency Program.
I understand that these program rules are subject to change without notice.
I HAVE READ AND UNDERSTAND THE FOREGOING RELEASE, AND AGREE TO ITS TERMS.