Liability Waiver

BY PARTICIPATING AS WELL AS UTILIZING OUR WEBSITE SERVICES YOU ACKNOWLEDGE AND AGREE TO ALL TERMS WITHIN OUR PRIVACY POLICY.

BY COMPLETING THIS APPLICATION AND PARTICIPATING IN ANY SMILES EVENTS, LLC ORGANIZED ADVENTURE, YOU (A) ACKNOWLEDGE AND AGREE TO ALL TERMS AND CONDITIONS CONTAINED HEREIN; and (B) AGREE TO TENDER PAYMENT OF THE ENTIRE REGISTRATION FEE (ALL ENTRY FEE PAYMENTS ARE FINAL AND NON-REFUNDABLE).

SMILES EVENTS, LLC requires an entry fee per individual. This registration is not complete until the payment has been received.

SMILES EVENTS, LLC operates as a community of like-minded enthusiasts and strives to make favorable impressions and serve as role models for the exotic and supercar community.

SMILES EVENTS, LLC IS NOT A RACE ORGANIZER. You must NOT compete in any manner with other participants. You must NOT place any bets of any kind in relation to the Rally. You must drive safely and with proper courtesy to all other participants and members of the public. You must NOT drive if your ability to do so safely and properly is in any way compromised by illness, lack of adequate rest, impaired, medically intoxicated, under the influence of illegal substances or any other condition that will put you and your surrounding Rally participants, general driving public, pedestrians, and any other persons or property at risk in any way whatsoever. There is no reckless driving allowed, cutting off other cars, driving on shoulders of roads, or endangering other participants or the public.

Laws & Regulations: You MUST comply with all applicable laws and regulations of the City, County, State and Country in which you are present at any given time during the event, including but not limited to all speed regulations, laws of the road, laws relating to the safety of your vehicle and operation of your vehicle, laws relating to registration of your vehicle, laws relating to your personal license to operate a vehicle, insurance laws relating to your operation of your vehicle, and laws relating to the possession or use of alcohol, drugs or other prohibited substances. SMILES EVENTS, LLC Staff reserves the right to prohibit you from participating further in the event for any violation of the foregoing or of any terms and conditions contained herein. Egregious violations may result in membership being revoked.

SMILES EVENTS, LLC Staff will provide the details for the event and any badges that may be necessary. If badges are necessary, they must be worn at all times.

Membership is required to join an event as a primary registrant. Co-drivers may be added by members and are also responsible to adhere to all terms of the events.

Events are organized specifically for the participation of “Luxury, Sports, Classic & Exotic” cars. We welcome a diverse, unique community of high-end vehicle owners who enjoy driving and sharing amazing machinery with the general public which we will encounter on our events.

Events are limited in size and there is no guarantee to available spots, however higher, premium membership tiers have the benefit of registering earlier than basic membership tiers.

Most events are all-inclusive, with lodging, food and activity admission being provided, however each event will clearly describe specifically what is included and thus the term "all-inclusive" SHALL NOT be misconstrued to automatically mean all types of expenses are fully covered by your registration.

All event participant drivers must be 21+. Any passengers under age 21 in a vehicle (a “Participant”) are the sole responsibility of the driver.

SMILES EVENTS, LLC and its members, employees, consultants, agents, staff, assigns, and attorneys accept no responsibility for and shall not be liable to any Participant for the consequences of a Participant’s actions or omissions in participating in the Rally, including but not limited to being cited, charged, prosecuted, or prohibited from participation arising from the improper conduct of a Participant at any location, stop, facility, establishment, public road, or any other place a Participant in present during the event.

Insurance: Each Participant shall obtain and maintain appropriate insurance covering your participation in the event and shall provide proof of such insurance in a form satisfactory to SMILES EVENTS, LLC Staff upon request of such documentation. Appropriate insurance includes, without limitation, third party liability, liability coverage for each Participant, medical insurance, damage to property and life insurance, and insurance covering Participant vehicle’s participation in the event.

Each Participant must have a legal and valid vehicle registration with name of Participant matching such Participant’s vehicle.

Each Participant must hold a current, valid and unrestricted driver’s license issued from one of the United States and must present same to the SMILES EVENTS, LLC Staff upon request.

Under The Influence: Each Participant must be completely sober while operating any motor vehicle. Each Participant must NOT consume alcohol while driving nor drive under the influence of alcohol or any other intoxicating substance at any time.

You will indemnify the SMILES EVENTS, LLC Staff against any and all claims, lawsuits or causes of action of any kind arising from the event and brought by any third party as a result of Participant’s actions, omissions or participation in the rally, including but not limited to Participants violation of any Federal, State, County or City laws, ordinances or regulations, or Participant’s breach of any terms and conditions contained herein.

SMILES EVENTS, LLC Staff is not responsible if it cannot fulfill its obligations due to fire, earthquake, epidemic/pandemic diseases, cyclone, flood, aridity, strike, lightning, revolution, terrorist activities and similar troubles, and in other cases generally accepted as Force Majeure under the statutes and case law of the State of Tennessee.

In the event of one of these disasters precluding your individual participation in an event that is otherwise held, if SMILES EVENTS, LLC is able to fill your spot with a standby registration from another member, then you are entitled to a refund for the portion of your event fee that would have covered direct costs of your participation. SMILES EVENTS, LLC may elect to provide you a full refund, at its sole discretion.

In the case of SMILES EVENTS, LLC being unable to host an event due to any of the above mentioned reasons, SMILES EVENTS, LLC will make a good faith effort to recoup expenses from third parties such as hotels, caterers, etc and provide you a refund or credit towards a future event.

Event Graphics: SMILES EVENTS, LLC may provide decals and/or livery that will adhere on a non-damaging, non-permanent basis to automobiles. Participant agrees to have the “SMILES EVENTS, LLC” logo and any other logos designated by SMILES EVENTS, LLC Staff, including but not limited to official event sponsors, attached to participant’s vehicle during the entire event. Participant may not obscure or alter such logos and must keep them clean and readily visible at all times during the rally. Such logos will be easily removable without damaging vehicle finishes upon conclusion of the event. SMILES EVENTS, LLC Staff will therefore not be responsible for claims of damage to vehicle finishes as a result of the application or removal of such logos. It is the participant's responsibility to apply and remove graphics to their own vehicle.

Sponsors & Other Company Promotion: Official SMILES EVENTS, LLC sponsors are hereby permitted to advertise to event participants. Personal sponsorship for Participant’s vehicle or Participant’s clothing is only permitted with the prior written consent of SMILES EVENTS, LLC Staff, which may be withheld in the sole discretion of SMILES EVENTS, LLC Staff. SMILES EVENTS, LLC reserves the right to refuse unauthorized sponsored vehicles from participating in the rally.

REFUNDS: After the start of the event, SMILES EVENTS, LLC will NOT guarantee any refund of the entry fee or pay compensation to you if you are unable to continue in the event for any reason whatsoever. Although all vehicles have sufficient time to arrive at each destination, the route of the event can be demanding. If participant does not manage to complete any part of the route and are unable to stay at the provided venues, participant will NOT be entitled to any refund of the entry fee whatsoever.

CANCELLATION POLICY

In the event that a Participant wishes to cancel their event registration for any reason, the following terms are applicable:

SMILES EVENTS, LLC will attempt to fill the position with a valid standby registration, if the event is otherwise sold out. Original participant would be issued a refund or credit, for the portion of the event fees that would have covered direct costs of lodging, meals and special activities. A full refund may be issued at the sole discretion of SMILES EVENTS, LLC.
If the event has not been sold out, then the participant requesting cancellation may attempt to recruit another member, to transfer their registration. All transfer registrations must be handled with approval of SMILES EVENTS, LLC Staff. If the transfer is approved, then the two members may work out payment terms between themselves directly, while SMILES EVENTS, LLC Staff will ensure the alternate member is properly registered into the event.

FORCE MAJEURE

If acts of God or government authorities, natural disasters, pandemic or epidemics, or any other event beyond a party’s reasonable control make
it illegal or impossible for a party to perform its obligations under this Agreement, this party may terminate this Agreement
upon written notice to the other party without further liability.

Media & Photography: Neither SMILES EVENTS, LLC nor any participant shall publish any event related media until at least the day after the event has concluded in its entirety, in which the media was created or captured. This is for the safety and privacy of our members, friends and families.

By participating in the event, participant consents to be photographed and to be included in the filming of footage documenting the event. Participant hereby waives any and all rights of publicity or privacy and grant SMILES EVENTS, LLC full and complete permission to utilize and exploit participant's appearance in the event in any and all manner and media throughout the world in perpetuity. Participant further agrees that SMILES EVENTS, LLC has the sole discretion to use or refuse to use any photographs or footage in which participant appears, and that it may be edited at the sole discretion of SMILES EVENTS, LLC. Participant consents to the use of image, likeness, voice and biographical material in connection with any and all footage, publicity and related promotional material and for any and all publicity and promotional purposes. Participant expressly releases the SMILES EVENTS, LLC Staff from and against any and all claims which Participant has 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.

Participant is only entitled to take photographs and film footage of participant’s participation in the event for non-commercial purposes (that is for personal and private use only). Specifically, participant is not entitled to publish, reproduce or use photographs or footage of the event on any website, in any printed media or matter or in any television program without first obtaining the prior written consent of SMILES EVENTS, LLC. Participant shall NEVER name any individual in any article, media, photograph or video without that individual's explicit written consent.

Any violation of the media policy by any participant may result in the immediate dismissal from the event, exclusion from future events and may result in their membership being revoked without refund. The SMILES EVENTS, LLC Staff reserves the right to change these terms and conditions from time to time subject to notifying participants of the changes. Participant shall be deemed to have accepted the amended terms and conditions by participating in the event.

Participant shall not be entitled to arrange or conduct any media appearances relating to participant’s participation in the event without obtaining the prior written consent of SMILES EVENTS, LLC

These terms and conditions, this agreement and Participant’s participation in the event shall be governed in accordance with the laws of the State of Tennessee, and Participant our participation, and Participant submits to the jurisdiction of the Courts of the State of Tennessee, exclusively. By completing the entry form, participating in the Rally, and accepting these terms and conditions, Participant is entering into a legally binding agreement with SMILES EVENTS, LLC to participate in the event on these terms and conditions.

Risks Associated with Participation: Participant acknowledges and realizes that participation in the event is potentially dangerous and that there are numerous risks associated with participation. Such risks and dangers include, but are not limited to, traffic accidents, collisions with pedestrians, vehicles, other drivers, and/or fixed or moving objects, and the negligence of other drivers. Further, Participant fully understands and realizes that participation in the event may result in serious bodily injury and/or death to Participant, or others. Participant further realizes and understands that the route of the event will require driving on public roadways upon which the hazards of traveling are to be expected. Further, participant realizes that participation in the rally will require strenuous physical exertion as participants will be required to drive for very long periods of time, including the risk of driving through inclement weather.

Assumption of the Risks: With full knowledge and understanding of the risks associated with participation in the event, Participant enters the event voluntarily and fully accepts and assumes every such risk for loss, damage, or injury (including death).

Compliance with Terms and Conditions of Entry participant agrees to comply with all the event’s terms and conditions of entry. Participant acknowledges and understands that SMILES EVENTS, LLC will use reasonable efforts to ensure that all other participants abide by the terms and conditions of entry, but cannot guarantee that the participants will abide by these terms and conditions.

Release of Liability: In consideration for being permitted to participate in the event, participant hereby waives, releases, and forever discharges, for participant, its heirs, executors, administrators and legal representatives, any and all rights and/or claims which participant has, may have, or may hereafter accrue to participant against the SMILES EVENTS, LLC Staff (and its officers, directors, employees, consultants, agents) and event sponsors for any and all damages, injuries (including death), and/or claims which may be sustained by participant or its vehicle directly or indirectly arising out of participant’s participation in the rally (including the application of emergency or medical services at the event) even if the damages, injuries (including death), and/or claims are caused by the negligence of those persons listed above or otherwise nothing in these Terms and Conditions shall be construed as excluding or limiting the SMILES EVENTS, LLC Staff’s liability for personal injury or death arising from its negligence or the negligence of persons under its control. Further, Participant covenants not to sue SMILES EVENTS, LLC (and its officers, directors, employees, consultants, agents) and rally sponsors for any and all damages, injuries (including death), and/or claims which may be sustained by participant directly or indirectly arising out of participant’s participation in the rally. This release and discharge includes, but is not limited to, claims for personal injury, death, property damage, economic loss, breach of contract, lost wages, contribution indemnity, indemnity, punitive damages, negligence, or any other legally recognizable claim arising out of participant’s participation in the event (including all legal costs associated with such claims).

Indemnity: Participant hereby agrees to release, defend, indemnify, and hold harmless SMILES EVENTS, LLC (and its officers, directors, employees, consultants, agents) and event sponsors and licensees and assigns from and against any and all claims, demands, damages, suits, liabilities or actions arising directly or indirectly out of participant’s actions or otherwise from participant’s participation in the event whether made or claimed during or after the event, including all associated costs and expenses and any amounts which the SMILES EVENTS, LLC Staff may pay as a settlement or compromise of any such claims or liabilities.

Non-Compete: Should the participant decide to create a rally of their own, or solicit other participants to another company's rally, the organizer, SMILES EVENTS, LLC, reserves the right to remove the participant from the existing rally, and all social media platforms, without penalty or refund owed. Should the participant also be a sponsor of SMILES EVENTS, LLC, the organizer of SMILES EVENTS, LLC, has the right to terminate the sponsorship without penalty or refund being owed to the sponsor due to the conflict of interest.

By purchasing and participating I certify that I have read and understand ALL of the above and acknowledge and agree to all terms and conditions.

SMILES EVENTS, LLC Event Terms

BY PARTICIPATING AS WELL AS UTILIZING OUR WEBSITE SERVICES YOU ACKNOWLEDGE AND AGREE TO ALL TERMS.

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

IN CONSIDERATION of being permitted to compete, officiate, observe, work, 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:

Acknowledges, agrees, and represents that he has or will immediately upon entering any of such RESTRICTED AREAS, and will continuously thereafter, inspect the RESTRICTED AREAS which he enters, and he 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 officials of such and if necessary will leave the RESTRICTED AREAS and/or refuse to participate further in the EVENT(S).
HEREBY RELEASES,WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the promoters, participants, racing associations, sanctioning organizations or any subdivision thereof, track operators, track owners, officials, car owners, drivers, pit crews, rescue personnel, any persons in any RESTRICTED AREA, sponsors, advertisers, owners and leassees of premises used to conduct the EVENT(S), premises and event inspectors, surveyors, underwriters, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises or EVENT(S) and each of them, their directors, officers, agents, employees, representatives, owners, members, affiliates, successors and assigns, all for the purposes herein referred to as “Releasees,” FROM ALL LIABILITY TO THE UNDERSIGNED, his personal representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur arising out of or related to the UNDERSIGNED’S INJURY OR DEATH, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the EVENT(S) whether caused by the NEGLIGENCE OF RELEASEES or otherwise.
HEREBY acknowledges that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED, also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
HEREBY agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as is permitted by the laws of the State or Province in which the Event(s) is/are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY PARTICPITATING.

By purchasing and participating I certify that I have read and understand ALL of the above and acknowledge and agree to all terms and conditions.