ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND PHOTO/MEDIA CONSENT
Type S Night Lights App — ADC Solutions USA, LLC d/b/a Horizon Brands
This Assumption of Risk, Release of Liability, and Photo/Media Consent (this “Release”) is a binding agreement between you and ADC Solutions USA, LLC d/b/a Horizon Brands (“Horizon Brands,” “we,” “us,” or “our”), the owner and operator of the Type S Night Lights App (the “App”). By checking the box at checkout, purchasing or reserving a ticket, or attending a Horizon Brands Type S Night Lights event (each, an “Event”), you agree to the terms of this Release. If you do not agree, do not attend the Event.
This Release applies to all attendees, including general admission attendees and show car participants. It supplements, and does not replace, the Terms of Use and Privacy Notice for the App, which continue to apply to your use of the App.
1. Assumption of Risk
You acknowledge that attendance at an Event carries inherent risks, including but not limited to risks associated with large crowds, vehicle movement and vehicle exhibition, exposure to moving vehicles, noise, weather, uneven or outdoor terrain, and the acts of other attendees, vendors, or third parties. You voluntarily assume all such risks, known and unknown, arising from or related to your attendance at, or participation in, an Event, whether occurring before, during, or after the Event.
If you are a show car participant, you additionally acknowledge and assume the risks associated with driving, loading, unloading, parking, and displaying your vehicle at the Event, including risks of damage to your vehicle and risks arising from the proximity of other vehicles and attendees.
2. Release of Liability
To the fullest extent permitted by law, you release, waive, and discharge Horizon Brands, its affiliates, officers, directors, employees, agents, sponsors, and venue owners and operators (together, the “Released Parties”) from any and all liability, claims, demands, or causes of action arising out of or related to any loss, damage, injury, or death that may occur as a result of your attendance at, or participation in, an Event, regardless of whether caused by the negligence of the Released Parties, except to the extent caused by the gross negligence or willful misconduct of a Released Party.
This Release does not waive any rights or remedies that cannot be waived as a matter of law.
3. Photo and Media Consent
Horizon Brands and its photographers, videographers, and sponsors may capture photographs, video, and audio recordings at Events, which may include you, your guests, and your vehicle (collectively, “Event Media”).
Grant of rights. By attending an Event, you grant Horizon Brands a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute your image, likeness, voice, and vehicle as captured in Event Media, for promotional, editorial, archival, and advertising purposes, including on the App, our website, and social media, and in materials provided to sponsors and media partners.
No compensation. This license is granted without payment or other compensation to you.
Duration. This license is perpetual with respect to Event Media already captured and published prior to your request. You may request that we stop using your image, likeness, or voice in Event Media not yet published, or request removal of specific published Event Media from channels we control, by contacting us as set out in Section 6. We will make reasonable efforts to honor such requests but cannot guarantee removal of content that has already been shared, downloaded, or republished by third parties, including other attendees, sponsors, or media outlets.
Minors. If you are under 18, this Section 3 is accepted on your behalf by the parent or legal guardian who completed the required consent process during account creation or at checkout, consistent with the Terms of Use.
4. Show Car Participants — Additional Terms
If you register a vehicle for the show car program, you additionally represent and warrant that: (a) you own the vehicle or have the owner’s permission to enter it in the Event; (b) you hold current automobile liability insurance covering the vehicle, which you self-certify at registration; and (c) you are solely responsible for your vehicle and its condition while at the Event.
You acknowledge that your vehicle must remain parked in its assigned zone for the duration of the Event, except as directed by staff, and that Horizon Brands may remove any vehicle that creates a safety risk or does not comply with the Terms of Use or staff instructions, without refund.
5. Acknowledgment
You acknowledge that you have read this Release, understand its terms, and agree that your acceptance is voluntary. You acknowledge that this Release is intended to be as broad and inclusive as permitted by the law of the State of California and that if any portion is held invalid, the remainder will continue in full force and effect.
6. Contact
Questions about this Release, or requests regarding your image, likeness, or vehicle as captured in Event Media, may be directed to:
ADC Solutions USA, LLC d/b/a Horizon Brands
2975 Redhill Ave, Suite #100
Costa Mesa, CA 92626
connect@typesauto.com