Release, Waiver-of-Liability, Assumption-of-Risk, and Indemnity Agreement
The Agreement and the Parties
1. I am executing this Release, Waiver-of-Liability, Assumption-of-Risk, and Indemnity Agreement (this “Agreement”) and giving it to Fadana Cars LLC DBA Lamborghini Austin ("Lamborghini Austin") in connection with my participation in the Event. As used in this Agreement, participation (and similar wording) means any involvement I may have in or at the Event, including, as applicable: (a) as the driver of my own vehicle or a vehicle that is personally owned by someone I know (a “Customer Vehicle”), (b) as the driver of a vehicle that is owned by Lamborghini Austin, one of its affiliates, or one of its or their authorized dealers (a “Lamborghini Vehicle”), (c) as a passenger in a Customer Vehicle; (d) as a passenger in a Lamborghini Austin Vehicle; or (e) as a guest and observer at the Event. As used in this Agreement, the term “Vehicle” means any Lamborghini Austin Vehicle and/ or Customer Vehicle, as applicable.
2. The Parties to this Agreement are (a) on the one hand, myself, my personal representatives, my heirs, successors, administrators and anyone else who may claim by or through me at any time, including any representative(s) of my estate (collectively, “Releasing Parties”) and, (b) on the other hand, Fadana Cars LLC DBA: Lamborghini Austin, and their past, present and future, parents, subsidiaries, affiliate divisions, assigns, shareholders, insurers, reinsurers, predecessors-in-interest, successors-in- interest, agents, servants, employees, officers, directors, representatives, and attorneys; and any authorized entity or Lamborghini dealership that has or will have serviced or repaired any Vehicle that I may drive or ride in during the course of the Event; and any designer, manufacturer, supplier of any Lamborghini Vehicles and any of their component parts (collectively, “ Released Parties”).
3. I have decided to participate in the Vehicle Driving Experience of my own free will and not due to any inducement or duress whatsoever. I understand that part of the required consideration for being allowed to participate in the Vehicle Driving Experience is the acceptance of all of the provisions and the execution of this Agreement.
Ability to Participate and Event Conditions
4. To the extent that my participation in the Vehicle Driving Experience involves driving any Vehicle:
a. I possess a valid, unrevoked driver’s license (a copy of which I have provided to Lamborghini Austin or its authorized representative) authorizing me to operate any Vehicle that I may be driving as part of the Vehicle Driving Experience, within every location in which the Vehicle Driving Experience may take place. My right to participate in any Vehicle Driving Experience as a driver will cease immediately should my driver’s license be suspended or revoked for any reason. I promise to inform Lamborghini Austin immediately of any such suspension or revocation.
b. I am not presently taking any drugs, prescription or otherwise, including any controlled substances, which may impair my ability to participate in any driving activities during the Vehicle Driving Experience. I will not use, prior to or during the Vehicle Driving Experience, any alcohol, controlled substances, or other drugs that may affect my ability to drive during the Vehicle Driving Experience. I understand that this provision is not intended to cover my use of prescription drugs that have no potential or actual effect on my ability to safely operate a motor vehicle
c. If I do not have normal vision and have to wear corrective lenses or contacts, I will wear them during all driving events of the Vehicle Driving Experience.
5. I am, and at all times during the Vehicle Driving Experience will be, in good physical and mental health and able to withstand all physical and mental stresses inherent in participation in the Vehicle Driving Experience. I am unaware of any health-related problem that may affect my ability to participate in the Vehicle Driving Experience. I promise to inform Lamborghini Austin immediately of any change in my physical or mental health that occurs prior to or during the Vehicle Driving Experience that would make the foregoing statements untrue.
6. I represent and agree that each and every time I drive or ride in a Vehicle, that act of (continued) driving or riding is the sole and conclusive proof that my ability and training, as well as my mental- and physical-health conditions, were adequate for the tasks and risks involved.
7. I shall not permit any Unauthorized Person to participate as a driver or passenger in any Vehicle in which I am a driver or passenger at the Vehicle Driving Experience. I shall not permit any other person to transport any Unauthorized Person or to allow any Unauthorized Person to be transported in any such Vehicle. “ Unauthorized Person” means: (a) any minor who has not (i) been expressly permitted by Lamborghini Austin to be a driver of or passenger in such Vehicle during the Event, and (ii) delivered a copy of this Agreement signed by his/her parent or legal guardian authorizing such minor to participate in the Event; and (b) any person who has not (i) been expressly permitted by Lamborghini Austin to be a driver of or passenger in such Vehicle during the
Vehicle Driving Experience, and (ii) delivered their own signed copy of this Agreement to Lamborghini Austin (or such other form of release, waiver-of-liability, assumption-of-risk, and indemnity document as Lamborghini Austin or the other Released Parties may in their sole discretion require). For the avoidance of doubt, under no circumstances will any child who, by law, must be transported in a child restraint system be permitted to be transported in any Vehicle at any time during the Vehicle Driving Experience.
Compliance with Rules, Regulations, and Instructions
8. I agree to be bound by and comply with (a) all instructions provided in preparation for and during the Vehicle Driving Experience by any of the Released Parties, and (b) all laws, rules, and regulations applicable to the venue(s), whether public or private, at which the Vehicle Driving Experience is held (collectively, “Rules and Regulations”). I accept full and complete responsibility for the consequences of any failure to abide by any such Rules and Regulations. I undertake the obligation to be responsible and pay for all the relevant fines related to any violation of any Rules and Regulations (including, for example, parking, speed-related, and other moving violations).
9. I agree to wear and to use any required safety garments and equipment, such as seatbelts and similar restraints, driving suits, full-face helmets, and head- and neck-support devices, at all Vehicle Driving Experience activities. If I have any permitted passenger in any Vehicle that I am driving, I will remind such passenger to use all such required safety equipment.
10. While driving any Vehicle, I will not use any cell phone or engage in text messaging or other uses of mobile devices, except for any use of any hands- free device that is reasonable taking into account the driving conditions.
Vehicle Condition and Insurance
11. I understand and agree that prior to any use of any Lamborghini Austin Vehicle during the Vehicle Driving Experience, I will have the opportunity to inspect and the right to inquire about the condition of the Lamborghini Austin Vehicles. In all cases, I will be responsible for inspecting any Vehicle prior to operating or riding in it.
12. I agree that I will not drive or ride in a Vehicle during the Vehicle Driving Experience or, if already driving or riding, I will cause the driving or riding activity to cease immediately in the safest possible manner, if I have any reservations or concerns of any nature, be it Vehicle, track, road, or driver related, about the drive or ride or if I feel, at any time, that I am not qualified or able to make the drive or ride, regardless of the extent of my training or instructions provided or the application of that training and instructions provided, or if I feel, at any time, my physical or mental condition is not conducive to safe operation of or riding in any Vehicle.
13. I will return any Lamborghini Austin Vehicle to Lamborghini Austin in the same condition as received, except for ordinary wear and tear taking into account the extent of my permitted usage of such Lamborghini Austin Vehicle during the Vehicle Driving Experience. I will not make any alterations to any Lamborghini Austin Vehicle, or remove, alter, or render inoperative any of its factory-
installed equipment or devices. For the avoidance of doubt, title to Lamborghini Austin Vehicles will be and remain at all times with Lamborghini Austin (or, as applicable, the party supplying such Lamborghini Austin Vehicle).
14. I understand and accept that any Lamborghini Austin Vehicle supplied by Lamborghini Austin will be supplied with insurance coverage, a copy of which I can review upon request, and I agree to comply with all the terms and conditions of such insurance. I understand that any such insurance coverage will not apply to any contents of any Lamborghini Austin Vehicle.
15. With respect to any Customer Vehicle, I understand that it is my responsibility to ensure that such Customer Vehicle is covered by proper insurance, and that I cannot claim any damages to any Customer Vehicle or any injury to any driver or passenger, or third party, caused by any Customer Vehicle, other than as may permitted by such insurance policy or under any active warranty applicable to such Customer Vehicle, in each case only to the extent that I am proper beneficiary of such insurance or warranty. I understand that I (or my insurance company) will be solely responsible for paying any property damage, medical costs, or other costs and expenses arising from my operation of any Customer Vehicle at the Vehicle Driving Experience.
16. In addition to the above, I will be responsible for acquiring and maintaining any medical insurance, workers’ compensation insurance, or other similar insurance sufficient to cover any medical expenses associated with any accident or injury that may occur in connection with my participation in the Vehicle Driving Experience.
17. I will immediately notify Lamborghini Austin of any incident during the Vehicle Driving Experience involving any personal injury or property damage (including damage to any Lamborghini Austin Vehicle). In the event of such an incident, I will complete and submit to Lamborghini Austin a copy of any accident report requested by Lamborghini Austin or otherwise completed by me. I will report any incident to the appropriate governmental authority(ies), if required by law. I will complete any insurance documents for, and cooperate in any litigation related to, such incident and/or the Vehicle Driving Experience.
Assumption of all Risks Associated with the Event
18. I understand that motor vehicles are inherently dangerous and that my participation in the Vehicle Driving Experience includes a danger of serious bodily injury or death. I understand that no Released Party has required me to operate or ride in any Vehicle or to be present at the Vehicle Driving Experience. I expressly and voluntarily assume all risks of any nature for any death, injury, or damages to myself, others, my property or the property of others, which may in any way, whether foreseeable or not, arise out of my participation in the Vehicle Driving Experience, including any risks arising out of or relating to (a) the condition of or safety of any roadways, tracks, premises, or property on which any Vehicle is operated; (b) the use of, failure to use, or absence of any safety devices or safeguards; (c) the conditions and circumstances under which any Vehicle is used; (d) the design, manufacture, maintenance, repair, and performance of any Vehicles; and (e) any actions – specifically including negligent acts or omissions – of any persons involved directly or indirectly in the Vehicle Driving Experience.
19. I acknowledge that, depending on the specific nature of the Vehicle Driving Experience, I may operate or ride in Vehicles on public streets, open to traffic, and in other areas where other motor vehicles and persons are present. As a result, I may be exposed to all of the risks to which motor vehicles are generally exposed under such circumstances, such as risks associated with inattentive drivers, drivers who fail to operate their vehicle safely, and drivers who operate their vehicles while under the influence of drugs or alcohol. While operating or riding in any Vehicle, I will act reasonably and cautiously, and will continuously be on the lookout for dangerous situations.
Release and Waiver of Claims
20. I expressly release, discharge, agree to hold harmless from, and waive, to the fullest extent permitted by law, any and all claims, causes of actions, demands that I may presently or at any time in the future possess against any of the Released Parties as a consequence of any type of damage (whether personal or property), loss, death or injury arising out of or in connection with my participation in the Vehicle Driving Experience, my driving or riding in Vehicles or my use of or access to Vehicles and all accompanying equipment and facilities, or the design, manufacture, maintenance, repair, and performance of the Vehicles (other than any of the foregoing related solely to any Customer Vehicle’s failure to be in compliance with any active manufacturer’s warranty to which I am entitled as the owner of such Customer Vehicle) (“Release and Waiver”).
21. I agree that this Release and Waiver is meant to and shall apply to any and all claims for personal injury, death or property damage (whether foreseeable or not), arising from negligence, carelessness, strict liability, or otherwise and regardless of whether the claim, cause of action or demand is grounded in negligence, tort, contract or any other legal basis for recovery other than intentional conduct specifically intended to injure me (“Released Claims”).
22. I also waive, to the maximum extent permitted by law, any statute, ordinance, regulation, or requirement of any state to the effect that the Release and Waiver herein granted does not extend to any claims which I did not know or suspect existed at the time I signed this Agreement, which, if I had known, may have materially affected my decision to sign this Agreement. I acknowledge that I have been informed of Section 1542 of the Civil Code of the State of California and similar laws of other jurisdictions, and I WAIVE and relinquish all rights, if any, that I have or may have under Section 1542 and any similar laws of other jurisdictions. Section 1542 reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
I understand and acknowledge the significance and consequences of such specific waiver of Section 1542 and any similar laws of other jurisdictions, and I assume full responsibility for any injuries, damages or losses for which I may have otherwise obtained recovery but for such specific waiver.
Covenant Not to Sue and Breach of Agreement
23. I agree never to institute against any of the Released Parties any lawsuit or action or proceeding at law or otherwise based on any Released Claims. I also agree not to assist in the prosecution of any of the Released Claims, that any of the Releasing Parties may have either now or at any time in the future by reason of any loss or injury to my person or property.
24. In the event of a breach of this Agreement by me or any of the Releasing Parties, I agree and warrant that that I or my estate will be liable to pay, and will pay, each of the Released Parties their actual attorneys’ fees, court costs, and other expenses caused by such breach and will otherwise make them whole for any and all sums of money they have to expend because of a breach of this Agreement, and that I will otherwise be liable to the full extent provided by law.
25. I also agree and represent that if any of the Releasing Parties threatens to file suit against any of the Released Parties for any claim that is or may be barred or relinquished by this Agreement, such threat shall constitute a material breach of this Agreement.
26. Notwithstanding the foregoing remedies for such a breach, I agree and warrant that the existence of such remedies in favor of the Released Parties in no way deprives them of their other rights under this Agreement or at law, including their right to have barred or dismissed any such suit or claim I or any of the Released Parties may bring against them based on the Releases and Waiver set forth in this Agreement.
Indemnity Against Third-Party Claims
27. I agree to indemnify, defend, and hold harmless the Released Parties (and each of them) against any and all claims, lawsuits, liabilities, damages, or losses, including attorneys’ fees, resulting from or arising in connection with any bodily injury, death, or property damage incurred by any person (including myself) as a result of or in connection with my participation in the Vehicle Driving Experience, regardless of the cause or blame, including any negligent act or omission of any Released Party.
28. I authorize the interviewing, photographing, videotaping, and/or filming of myself and my Vehicle by the Released Parties and their authorized representatives in connection with the Vehicle Driving Experience.
29. I agree that the text, video, photographs and/or other recordings, as well as textual and/or transcribed comments, containing my name, image, likeness, voice, statements, and Vehicle (collectively, “Materials”) may be
used and distributed by the Released Parties and their authorized representatives in any and all of their publications and/or commercial materials, for any lawful purpose that the Released Parties deem appropriate, through any medium known or hereafter discovered and in any format that the Released Parties deem appropriate, including webcasts, broadcasts, social media, and other forms of public transmission. The permissions granted by this Agreement are perpetual and worldwide, and include the right to edit, alter, copy, and modify the Materials for any purpose and to assign and/or license the Materials to third parties as the Released Parties deem appropriate. In addition, I waive any right to inspect or approve the finished product wherein my Materials appear. Notwithstanding the foregoing, I understand that the Released Parties agree that they will not use the Materials in any way that is reasonably expected to disparage my reputation.
30. I understand that all rights to use the Materials are granted free of charge, and that I will not be entitled to any royalties or proceeds received by any Released Party or other person from the commercialization in any manner of the Materials. I understand and agree that all photos will become the property of the Released Parties and will not be returned. I further understand and agree that the Released Parties have no obligation to use any of the Materials.
31. On behalf of myself and all Releasing Parties, I hereby hold harmless, release, and forever discharge the Released Parties from all claims, demands, and causes of action which I and any other Releasing Party have or may have relating to the use of the Materials as permitted by this Agreement.
32. I understand that, in connection with my participation and use at the Vehicle Driving Experience, Lamborghini Austin and other Released Parties may collect certain personal information about me. I have read the Privacy Notice provided and attached as Exhibit A. By signing this Agreement and participating in the Vehicle Driving Experience, I agree to the collection and use of my personal information as described in the Privacy Notice.
Choice of Law and Forum
33. I agree that this Agreement will be governed by and shall be construed in accordance with the laws of the State of Texas, without any reference to its choice-of-law rules.
34. I agree that any dispute arising from this Agreement or in any way associated with the Event shall be brought only in the state sitting in Austin, Texas and I agree to the jurisdiction and venue of those courts for any such dispute.
35. I agree that this Agreement contains the entire agreement between the Parties regarding the Release and Waiver and the Released Claims.
I agree and present that no promise, inducement or agreement not expressed in this Agreement has been made to me and in executing this Agreement I am not relying upon any promotional material provided, statement or representation made by any of the Released Parties, whether on behalf of the Released Parties or any other person or entity, concerning the nature and extent of the Release and Waiver and the Released Claims. Any advice, suggestion, or statement made by any of the Released Parties is not binding upon them, unless they are set forth in this Agreement.
Validity and Enforceability of Agreement in Whole and in Part
36. This Agreement is a legally binding contract and it is meant to be as broad and inclusive as is permitted by law. If a court should decide that any clause or other portion of this Agreement is illegal or unenforceable, I agree that such a determination shall not affect the validity and enforceability of the remaining provisions of this Agreement, all of which shall remain in full force and effect.
37. I understand that this Agreement is a legal document, and that the terms contained herein are contractual in nature and not a mere recital or formality. I have been given ample opportunity before signing this Agreement to clarify, to my complete satisfaction, any questions or concerns I may have had concerning any term of this Agreement.
38. I agree that my signature (including any electronic signature) on this Agreement is my legally binding agreement to, and acceptance of, this Agreement’s provisions by me, individually, and on behalf of all Releasing Parties. By signing this Agreement, I represent and warrant that (a) I have the legal capacity to enter into this Agreement, (b) I fully understand and agree to be bound by the contents of this Agreement, (c) all information I have provided to the Released Parties in connection with the Vehicle Driving Experience is true and accurate, and (d) I am signing this Agreement voluntarily, without any inducement.
I understand that, by signing this Agreement, I and the Releasing Parties are giving up important legal rights, including the ability to recover damages from or sue the Released Parties for any injury, death, or damage that may come about as a result of my participation in the Vehicle Driving Experience.
I acknowledge my agreement by my signature below: Driver Name: (Required)
Date of Birth: (Required)
Phone number: (Required)
This Privacy Notice is in place to provide information regarding the collection and use of personal data in connection with participation in events (each, an “Vehicle Driving Experience”) conducted and/or sponsored by Automobili Lamborghini America, LLC (“ALA”).
This information is being provided by ALA and its affiliate, Automobili Lamborghini S.p.A. (“Lamborghini SpA” and, collectively with ALA, “ Lamborghini”). Lamborghini is providing this information in connection with applicable privacy law, which, as the processing and storage is made by Automobili Lamborghini S.p.A. established in EU, by means of systems located in EU, includes the General Data Protection Regulation n. 679/2016 (“GDPR”). This disclosure applies to all personal data collected in connection with the Event. “Personal data” means information that can be used to personally identify an individual, such as name, mailing address, e- mail address, phone number, billing information, and any other information that is defined as personal data, personal information, or words of similar meaning, under applicable law.
As used in this notice, words such as “participant” and/or “you” refer to any person who participates in an Vehicle Driving Experience, whether as a driver, passenger, or observer.
Type of Information Collected
In connection with the Vehicle Driving Experience, Lamborghini Austin may collect the following types of information, which may include personal data:
• Identification and Contact Information – Lamborghini Austin will collect information that identifies participants, such as name, address, email address, phone number, and driver’s license number.
• Billing Information – If participation in an Vehicle Driving Experience requires payment, Lamborghini Austin will collect applicable billing information, such as credit card or bank account information.
• Insurance Information – Participation in and/or activities occurring during an Vehicle Driving Experience may require that you share your insurance details.
• Vehicle Information – If an Vehicle Driving Experience allows a participant to use your own vehicle, Lamborghini Austin may require you to provide vehicle identifying information, such as VINs and/or license plate numbers.
• Publicity Information – You may be photographed, videotaped, recorded, or interviewed at Vehicle Driving Experiences. If so, Lamborghini Austin will collect information such as your name, image, likeness, voice, and statements. In addition, Lamborghini Austin may desire to receive feedback and comments relating to the Vehicle Driving Experience and/or my use of any Lamborghini Austin vehicle, in which case Lamborghini Austin may collect your name and comments.
Purposes of Processing and Relevant Legal Basis
The personal data collected at Vehicle Driving Experience’s will be processed for the following purposes, with the following legal bases:
Type of Purposes of Information Processing
With respect to verifying your identity and managing the Vehicle Driving Experience, our legal basis for processing this information is our legitimate business interests, specifically our ability to offer activities such as the Vehicle Driving Experience to our customers.
In addition, in the US, our use of this information to contact you for feedback or to provide information is also based on our legitimate business interests, specifically marketing to our customers (subject to your right to opt out).
In the EU, our use of this information to contact you for feedback or to provide information is based on either (a) our legitimate interest and (b) the contractual agreement for the Vehicle Driving Experience.
The legal basis for processing this information is your contractual agreement to pay for the Vehicle Driving Experience
Identification and Contact Information
This information is used to verify your identity, contact you regarding the Vehicle Driving Experience, coordinate your participation in the Vehicle Driving Experience, and otherwise manage the Vehicle Driving Experience.
In addition, Lamborghini Austin may use this information to contact seek your feedback about the Vehicle Driving Experience and to provide information about other products and services you may be interested in.
This information is used to process required payments for participation in the Vehicle Driving Experience.
Type of Purposes of Information Processing
The legal basis for processing this information is, depending on the specific circumstances, either (a) your contractual agreement to provide required insurance, (b) our legitimate business interests in ensuring that insurance claims are properly addressed, and/or (c) the information may be necessary for us to comply with legal requirements.
Our legal basis for processing this information is our legitimate business interests, specifically our ability to offer activities such as the Vehicle Driving Experience to our customers.
Our legal basis for processing this information is the consent you have provided. For US persons, the consent is included in the agreement to which this Privacy Notice is attached. For EU persons, such consent is provided below.
This information will be used as necessary to verify any insurance required as a condition to participate in the Vehicle Driving Experience, and to address any insurance claims that we are required to assist with.
This information is used to manage your participation in the Vehicle Driving Experience.
This information is used during and after the Vehicle Driving Experience for promotional and other commercial purposes of Lamborghini and our affiliates.
Methods of Processing and Retention of Personal Data
The personal data will be processed for the purposes specified above using both automated and non-automated tools, using appropriate confidentiality and security measures as required by applicable law and Lamborghini Austin’s own internal policies. Only the personnel that has been duly authorized will have access to personal data.
Lamborghini Austin will retain personal data only for so long as necessary to fulfill the purposes for which it was collected, including for the purpose of satisfying any legal or accounting requirements. When your data is no longer needed, Lamborghini Austin will remove it from our systems and records, and/or take steps to properly anonymize it so that you can no longer be identified from it (unless we need to keep your information to comply with legal, regulatory, or judicial obligations to which Lamborghini Austin is subject).
Transfers of Personal Data
For persons within the US, your personal data may be transferred to, stored, and processed in Europe, where Lamborghini’s servers are located. By participating in the Vehicle Driving Experience and providing your information, you consent to this transfer, storage, and processing.
Your Choices Regarding Your Personal Data
You have no legal obligation to participate in the Vehicle Driving Experience. Therefore, your decision to participate in the Vehicle Driving Experience and provide us with your personal data for the purposes described above is within your discretion. However, if you do not give us the authorization to use your personal data, it may not be possible for you to attend the Vehicle Driving Experience.
Data Subject Rights
For US persons, you always have the right to opt out of receiving communications from us by contacting is in writing or by email. However, notwithstanding your email preferences, we may need to contact you regarding your participation in the Vehicle Driving Experience, or as required by law. You can also contact us at any time to correct any personal data you have provided that you believe is inaccurate.
Lamborghini SpA is obligated to honor certain rights, pursuant to art. 15-22 of the GDPR. The following are the most important of these rights:
- To obtain confirmation of whether or not Lamborghini SpA is in possession of your personal data;
- To be informed of the source of your personal data, and of the purposes and methods of its processing;
- To obtain the deletion, updating, correction, or integration of your personal data;
- To obtain data portability (request that your data be moved);
- To restrict or object to the processing of your personal data for commercial, advertising, or market research purposes;
- To withdraw your consent (if applicable) at any time;
- To lodge a complaint to the competent supervisory authority; and
- To identify the data processor and the data controller.
Data Controller and Data Protection Officer
The Data Controller is Lamborghini SpA with registered office at Sant’Agata Bolognese (BO), via Modena, 12 I-40019, Bologna, Italy. Our Data Protection Officer is domiciled at Lamborghini SpA and may be contacted at firstname.lastname@example.org.