- DEFINITIONS AND RULES OF CONSTRUCTION. (a) The following definitions shall apply to this document:
(i) The term “Agreement” shall refer to this Motorsports Tour Participation Agreement and Grant of Right of Publicity, collectively and in its entirety; by booking this event all guests agree to the terms.
(ii) The term “Tour” shall refer to the seven (7)-night Motorsports Tour in Germany and Belgium. The Tour will include a variety of activities including but not limited to tours and sightseeing.
(iii) The term “Motorsport Tour” shall refer to where the Tour will take place; Germany and Belgium.
(iv) The term “Organizer” shall refer to AVD Agency Inc., a Washington corporation.
(v) The term “Participant” shall refer to individuals who reserve and attend the Motorsport Tour.
(vi) The term “Instructor” shall refer to Ashley Van Dyke any staff or contracted by Organizer to assist at the Tour;
(vii) The term “the parties” shall refer to all: the Participants, Ashley Van Dyke, and AVD Agency Inc.
(b) The following rules of construction shall apply to this Agreement unless construction in accordance with a rule would produce a result inconsistent with the intent of the document:
(i) Use of a singular word includes the plural, and vice versa;
(ii) Use of a gendered word shall include all genders.
(iii) The titles of the paragraphs in this Agreement are for reference purposes only and shall not be used in the interpretation of the provisions to which they relate. - EFFECTIVE DATE. This Agreement shall take effect immediately upon execution by all of the parties. It shall remain in effect unless amended or revoked in writing as set forth herein.
- COVID-19 PRECAUTIONS. Participant shall solely be responsible for complying with all COVID-19 entry requirements of the Destination Country. Otherwise, Participant may be asked to leave the Tour. While at the Tour, Participant shall disclose to Instructor any known or suspected COVID-19 exposures they may learn of, and any COVID19 diagnosis of their own (or of anyone in their household), immediately upon learning such information. In addition at the Tour, Participant will observe all COVID-19 precautions required by law of the Destination Country. Participant assumes the risk of contracting COVID-19 during the Tour and during travel to and from the Tour, and holds Instructor and Organizer harmless for any consequences or damages of contracting COVID-19.
- CONDUCT OF PARTICIPANT. Participant agrees to comply with all applicable laws, rules, regulations and policies of Motorsport Tour and the Destination Country, directions, requests, and rules of Instructor and Organizer, all safety and other rules and regulations of third party accommodators, including but not limited to the Hotel, Spa-Francorchamps, the Motorsport Tour activities, and the Dinner Parties and any directions, requests, and rules of any tour guides and further agrees to not at any time commit any act, or become involved in any situation or occurrence, that may reflect unfavorably on Instructor’s or Organizer’s reputation, bring Instructor or Organizer into public scandal, or subject Instructor or Organizer to discipline of any kind. Participant agrees to familiarize himself/herself with all applicable laws, rules, regulations and policies of Motorsport Tour and the Destination Country prior to arrival to the Destination Country. Instructor shall have the right, in Instructor’s sole discretion, to ask any Participant to leave the Tour at any time, if Participant is disruptive to the harmony of the Tour and/or is violating any provision of this Agreement.
- HOTEL ACCOMMODATIONS. Organizer is providing pre-booked hotel at a four-star accommodation (“Hotel”) for seven (7) nights and eight (8) days during the duration of the Tour. Participant understands and acknowledges that payment for the Tour includes hotel accommodations at the Hotel for the duration of the Tour, however travel to and from the Destination Country is not included in accommodations provided by Organizer as part of the Tour, as provided in Section 8 below.
- TRAVEL TO AND FROM MOTORSPORT TOUR. Instructor and Organizer do not arrange for Participant’s airline or other travel to Motorsport Tour or the Destination Country for the Tour. It is the responsibility of Participant to secure airline or other travel accommodations to the Destination Country and Motorsport Tour. Instructor and Organizer bear no responsibility or liability of any kind whatsoever related to travel to and from the Destination Country and Motorsport Tour, including but not limited to delay or cancellation of flights, trains, buses, or other forms of transportation.
- CANCELLATION AND CHANGES BY INSTRUCTOR OR ORGANIZER. Instructor and Organizer reserve the right to make changes to any aspect of the Tour, or to cancel the Tour entirely, at any time due to conditions in the Destination Country, neighboring countries, or the world, including but not limited to acts of nature such as weather or other natural disaster, pandemic, and other “acts of god,” acts of war or terrorism, terrorist threat, civil unrest, riots, strikes, trade disputes, interruption of transportation, government or political actions or orders, change of law or regulation, suspension of civil rights, crime, a material change to the relevant U.S. State Department Travel Warning or Advisory (which can be found at https://travel.state.gov/content/travel/en/internationaltravel/International-Travel-Country-Information-Pages.html), acts or omissions of a third party, or for any other reason whatsoever outside the reasonable control of Organizer. This is a force majeure provision. If Instructor is unable to lead the Tour for any reason, Instructor shall make their best efforts to hire a substitute instructor with substantially similar qualifications. If a substitute instructor cannot be located after reasonable diligence, Instructor reserves the right to cancel the Tour. In such an event, Participant will be given a full refund of any and all payments made to Instructor.
- CANCELLATION BY PARTICIPANT. Guests attending the Tour who have purchased a package and wish to request a refund or cancel their reservation with the Organizer must do so in writing on or before July 1, 2025. The Organizer will refund the Participant’s purchase amount after a 15% administration fee.
After July 1, 2025, there will be no refunds issued. - INSURANCE. Organizer recommends that Participant purchase travel and trip cancellation insurance in advance of the Tour. It is Participant’s responsibility to ensure that Participant is adequately insured for the duration of the Tour regarding accident, injury, illness, death, emergency evacuation and repatriation, loss of personal items, cancellation, curtailment, worldwide emergency assistance, and all other contingencies. No insurance is provided for Participant by Organizer.
- TRAVEL DOCUMENTS, MEDICAL EXAMS, QUARANTINES, AND VACCINATIONS. It is Participant’s responsibility to learn about and obtain all required travel documents, medical examinations, and vaccinations for travel to the Destination Country. Participant shall also be solely responsible for learning about and complying with any COVID-19 testing, vaccine, quarantine, or similar entry requirements of the Destination Country and the country to which Participant will be returning. Instructor is not responsible for any delays, cancellations, or damages due to Participant’s lack of proper travel documents, medical examinations, quarantine compliance, or vaccinations, including but not limited to a valid passport, visas (entry and exit), health certificates, and other documents that may be required by the Destination Country or the country to which Participant will be returning. Instructor has not and will not provide advice regarding the immigration law of the Destination Country or the country to which Participant will be returning.
- ALTERNATIVE DISPUTE RESOLUTION. Any disputes between the parties relating to the Tour or this Agreement shall be submitted first to private mediation in Washington with a private Washington mediator upon whom the parties agree. If the parties cannot agree upon a mediator, each party will select a mediator and together those mediators will select the mediator to be used. The parties shall share the costs of mediation equally. The parties shall cooperate with the mediator and participate in good faith in the mediation. The parties agree to submit this Agreement to the mediator for their review. If a party is residing outside Washington at the time of the dispute, they may appear by video conference at the mediation. If mediation is not successful in the opinion of the mediator and the parties cannot reach a resolution themselves, disputes may be submitted to a court as set forth herein.
- MODIFICATION OF AGREEMENT. Any future modification, amendment, waiver, or revocation of any provision of this Agreement shall be effective only if it is made in writing and is executed by the parties with the same formality as this Agreement. Any such modification, amendment, waiver, or revocation shall specifically provide what provision of the Agreement it intends to modify, amend, waive, or revoke. No oral modifications, amendments, waivers, or revocations shall be effective. Failure of a party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of subsequent defaults of the same or similar nature or of the other obligations contained in this Agreement.
- SEVERABILITY. If any provisions of this Agreement are deemed invalid or unenforceable, such provisions shall be deemed severable from the remainder of this Agreement and will not cause the invalidity or unenforceability of the remainder of this Agreement. Consistent with the provisions of this Paragraph, if any provisions are deemed invalid due to their scope or breadth, such provisions shall be deemed valid to the full extent of the applicable law.
- INTEGRATION. This policy sets forth the entire agreement of the parties regarding the Tour. All agreements, covenants, representations, and warranties, express or implied, oral or written, of the parties are contained herein. No other agreements, covenants, representations, or warranties, express or implied, oral or written, have been made between the parties regarding the Tour. All prior, contemporaneous, and future conversations, negotiations, possible and alleged agreements and representations, covenants, and warranties regarding the Tour are waived, merged herein, or superseded hereby. This is an integrated agreement. If any provision of this Agreement conflicts with language about the Tour on any website (including the Instructor’s website) or information provided by an airline, travel agency, hotel or resort, or anyone else, this Agreement shall govern.
- JURISDICTION, VENUE, AND CONTROLLING LAW. The substantive law of the State of Washington (and not its law of conflicts) shall govern all questions as to this Agreement’s validity and enforceability and the construction of its provisions, as well as all disputes arising out of this Agreement, unless the parties otherwise agree. The parties do not intend to make this Agreement enforceable in Washington alone. They intend for this Agreement to be valid and enforceable in any jurisdiction that finds it has jurisdiction over the parties regarding the Tour, within or without Washington and the United States. Jurisdiction for disputes arising out of this Agreement shall be in Washington State.
Informed consent liability waiver and release for Porsche Driving Activity – Single and Double Occupancy Guests Acknowledge the following:
– Guest participation in the Porsche Driving Experience is optional and costs are included in each package; however Drivers will need an international driver’s license, must be over the age of 21 and must comply with Porsche’s rules and regulations.
I, for and on behalf of myself and my children, heirs, executors, administrators, and representative, agree to release, indemnify and defend AVD Agency, its officers, employees, and representatives with respect to all claims, liabilities, losses, suits, or expenses (including costs and reasonable attorneys fees) made or brought by anyone, arising out of any injury, damage, death, or other loss in any way connected with my participation as a volunteer driver for AVD Agency. This agreement includes any losses claimed to be caused while taking part in the Stuttgart to Spa event tour. I understand I agree here to waive all claims against AVD Agency and agree that neither I nor anyone acting on my behalf, will make a claim or file a lawsuit of any kind against AVD Agency, as a result of any injury, damage, death, or other loss suffered by me.
I state that I am an adult over the age of 21 with a valid international driver’s license and that I have at least the minimum amount of liability insurance specified by the Porsche Experience. I will notify AVD Agency in writing if there is a change in the status of my driver’s license or vehicle liability insurance. I understand that any cause of action arising out of my voluntary participation is my sole responsibility, and agree to solely pursue my vehicle liability insurance for any causes of action for personal injury, property damage, or death arising from my actions and not to sue AVD Agency.
Any inquiries or further questions about the event policy agreement terms can be sent to: pr@avdmotorsports.com