MOTORSPORT LAB PARTICIPATION AGREEMENT
1. General Terms and Conditions
The terms and conditions contained in this Tour Participation Agreement (the “Agreement”) govern the relationship between you (the “traveler”) and Motorsport Lab, LLC (hereinafter “Motorsport Lab”). By reserving a trip, you agree to be bound by the terms of this Agreement. The Agreement outlines, among other things, our cancellation policy and certain limitations of liability. These terms affect your rights to sue, the governing law to be applied, and the jurisdiction and forum in which any suit may be heard.
The prices of your land tour (the “Original Price”) are stated in the Motorsport Lab brochure and on our website. The prices advertised in each catalog are effective as of the publication date on the back cover of that catalog. At the time you reserve your tour, prices may be higher. For current prices, please see our website at www.motorsportlab.com. The price you pay is in U.S. dollars and is based on double occupancy, unless otherwise noted.
2. Passports, Visas, International Driver’s License/Permit
A valid passport and international driving license/permit is required for each person traveling on our international programs. Travelers are responsible for obtaining any required visas. If you are not a U.S. citizen and therefore are not carrying a U.S. passport, you must contact the appropriate consular office for entry requirements pertaining to your trip, as Motorsport Lab is not responsible for providing you with this information or documentation. Please ensure that your tickets and other travel documents bear your name exactly as it appears on your passport, or you could be denied.
3. Health, Fitness and Medical Issues
So that you may enjoy your Motorsport Lab tour to its fullest, we want to acknowledge that our tours have considerable walking, often on uneven or cobblestone streets. Many sites along the itineraries can only be accessed on foot and involve stairs and inclines. We cannot provide individual assistance to travelers with wheelchairs or other mobility devices, or who otherwise require assistance in walking, dining, or attending to other personal matters. Walkers and canes are permitted; however, you may find that your participation in certain tour features may be restricted.
Pursuant to the Americans with Disabilities Act (the ADA), Motorsport Lab endeavors to “reasonably accommodate” disabled travelers on domestic tours by providing, to the extent possible, access to ground transportation, lodging, and other places of public accommodation. However, the ADA does not apply to service providers outside of the United States. For these reasons, you are required to advise us at the time of booking or, if later, immediately upon your becoming aware of any physical or other condition that may require professional attention or the use of special equipment during the trip.
All travelers will be asked to complete a Traveler Information Form that includes space to identify any such conditions and the professional assistance and special equipment that may be required while on tour. Your failure to disclose any such condition, or your arrival at the place of departure with special equipment that cannot be accommodated on the tour, may result in a refusal to allow you to take the trip. Should this occur, you will forfeit the trip cost, and we shall have no liability, financial or otherwise. Furthermore, the failure to advise us of such conditions release Motorsport Lab and all professional personnel from any liability related to such condition or its treatment. Whether taking an international or domestic tour, you must bring a capable traveling companion to assist you if you will have any difficulty attending to such basic needs as dressing, eating, moving about, or participating in safety drills. Neither the Directors, Group Leader, Staff will be able to provide this care for you.
Motorsport Lab reserves the right to decline any tour participant whose condition, in our opinion, or in the opinion of a third party, may affect the health and safety of other travelers. Motorsport Lab is not responsible for the costs of any medical treatment you may require during the trip and thereafter. Under no circumstance is Motorsport Lab responsible for the quality of medical care, or lack thereof, you may receive while on the tour. You must bring and be responsible for all necessary items related to your physical condition, including any special equipment that is permitted on tour. Because the tour accommodations and transportation facilities, including the vehicles, are not owned or operated in the U.S., they are not required to meet the standards established by U.S. law for disabled travelers. Certain tour features, including third-party transfer services, hotel accommodations and other land excursion facilities, and certain trips, are not wheelchair or scooter accessible and may be difficult for disabled travelers.
All health, medical, or other personal services provided in connection with your trip are provided solely for the convenience and benefit of travelers who may be charged for such services. You accept and use medicine, medical treatment, and other personal services available or elsewhere at your sole risk and expense without liability or responsibility of Motorsport Lab whatsoever. Doctors, nurses or other medical or service personnel work directly for the traveler and shall not be considered to be acting under the control or supervision of Motorsport Lab, since Motorsport Lab is not a medical provider. Similarly, and without limitation, all tour guides, photographers, instructors, guest lecturers and entertainers and other service personnel on a tour shall be considered independent contractors who work directly for the traveler.
In connection with your trip, Motorsport Lab shall not be liable to the traveler for damages for emotional distress, mental suffering, or psychological injury of any kind, under any circumstances, except for such attributable to traveler’s physical injury or as the result of participant having been at actual risk of immediate physical injury proximately caused by Motorsport Lab negligence.
4. Changes to Itinerary / Cancellations / Responsibilities/ Liability
Motorsport Lab reserves the right to decline, to accept or retain any person as a member of any tour or to cancel or alter the tour without notice, in which event your sole remedy shall be a prorated refund for any unused portion of the trip. Motorsport Lab further reserves the right to remove any person from a tour whose comportment is disruptive to other tour participants, to Motorsport Lab representatives or to third parties involved in the tour. Should this occur, you will forfeit the trip cost, and Motorsport Lab shall have no liability, financial or otherwise. While we advertise small group travel of 16 travelers, we reserve the right to occasionally exceed that amount.
Motorsport Lab reserves the right to take photographic or film records of any of its trips, to obtain the same from fellow travelers or other third parties, and/or to use such photographic or film records for promotional and/or commercial purposes. By traveling with Motorsport Lab, you consent to the use of your image and likeness for these limited purposes. If you prefer that your photo or video, not be used in any marketing activities, please notify your Tour Director at the start of your tour.
The responsibility of Motorsport Lab, its affiliated companies, officers/directors, employees, sponsoring organizations, and agents is strictly limited. As a tour operator, Motorsport Lab organizes, promotes, and sells tour programs consisting of certain travel services including sightseeing excursions, airplane, helicopter, boating, exotic car driving experiences, and hotel accommodations, that Motorsport Lab purchases or reserves from various suppliers (collectively, “Suppliers”). Motorsport Lab does not own or operate any of these Suppliers. The Suppliers providing travel services for Motorsport Lab’s tour programs are independent contractors and are not agents or employees of Motorsport Lab. As such, Motorsport Lab is not responsible for direct, indirect, consequential, or incidental damage, injury, loss, accident, delay, or irregularity of any kind occasioned by reason of any act or omission beyond its control, including, without limitation, any negligent or willful act or failure to act of, or breach of contract by, any Supplier or any other third party. Some tours include visits to shops and merchants. Motorsport Lab is not responsible for any purchases you make during your trip, whether or not that merchant is part of the scheduled itinerary. By utilizing the travel services of the Suppliers, you agree that you will look only to such Suppliers in respect of any accident, injury, property damage, or personal loss to you or to those traveling with you, and that neither Motorsport Lab nor any representative of Motorsport Lab shall be liable.
Without limiting the foregoing, Motorsport Lab is not responsible for any losses or expenses due to delays or changes in schedules, overbooking or downgrading of accommodations, defaults by any third parties, including Suppliers, mechanical or other failure of airplanes or other means of transportation, or the failure of any transportation mechanism to arrive or depart on time. Motorsport Lab is not responsible for acts of God or force majeure events, sanitation problems, lack of medical care, sickness, weather conditions, strikes and other labor activities, acts of terrorism, acts of war (declared or undeclared), quarantines, embargoes, blockades, criminal activities, or any other act or event beyond the direct control of Motorsport Lab.
We reserve the right to modify tour itineraries and substitute hotels and accommodations without liability to Motorsport Lab. Included features may not be available for all departures. If a Supplier is not able to complete the scheduled itinerary due to mechanical breakdown, or other reason, we reserve the right to modify the itinerary, where necessary.
Additionally, Motorsport Lab may, for any reason, without prior notice, deviate from the scheduled itinerary such as cancel or modify any activity; comply with all governmental laws and orders given by governmental authorities; render assistance to preserve life and property. Motorsport Lab is not responsible for any losses you may incur as a result of such cancellations or deviations. Motorsport Lab, at its option, may substitute accommodations of an equal or superior class or provide a full refund of the fare actually paid by you for such event activity, or substitute accommodations of a lower class and provide a refund of the difference, if any, between the booked class and the substitute class, but Motorsport Lab shall not incur any other liability for failure.
Motorsport Lab assumes no financial responsibility for any cancellations or delays resulting from invalid passports, visas, or other travel document requirements, or for tickets or other travel documents that do not reflect your name exactly as it appears on your passport. Motorsport Lab reserves the right to change the itinerary of the tour without prior notice.
If the tour is canceled by Motorsport Lab for any reason, Motorsport Lab shall have no liability beyond the prompt refund of all tour participants’ payments received by it. The common carriers used are not responsible for any act, omission, or event occurring when tour participants are not aboard their conveyances. The cost of optional Travel Protection is not refundable.
Motorsport Lab reserves the right to change the departure date of any tour as well as to cancel a trip or extension that does not attain a minimal level of participation. If Motorsport Lab changes a departure date to a date within 14 days of the original departure date, cancellation penalties as described in this Agreement still apply should you subsequently decide to cancel. If Motorsport Lab cancels any optional extension for which you are booked, cancellation penalties as described in this Agreement still apply should you subsequently decide to cancel the base portion of your tour
5. Safety and Security
We provide tours in many countries around the world. You agree to assume responsibility for your own safety, and we cannot guarantee your safety at any time. Local conditions, including infrastructure, road conditions, medical care, safety, and security, may differ significantly from those found in the United States. At any given moment there are also likely to be “trouble spots” in the world in terms of war, terrorism, crime, Acts of God, civil commotions, labor trouble, and/or other potential sources of harm. The United States Department of State and other governmental and tourist organizations provide information on foreign countries, including details of local conditions in specified cities and countries according to such agency’s perception of risks to travelers. We strongly recommend you obtain and consider such information when making travel decisions. We assume no responsibility for gathering such information or providing it to you. In the event that Motorsport Lab must cancel a tour due to global unrest, affected travelers will be granted a complete future travel credit for the amount paid for the tour.
Motorsport Lab will not refund any amount paid and will also not be responsible for the lodging, meals, return transportation or other expenses incurred by any tour participant who must or chooses to leave a tour prematurely for any reason.


6. Waiver of Liability, Assumption of Risk, and Indemnity Agreement for Sightseeing Excursions, Airplane, Helicopter, Boating and Vehicle Driving Experiences (Street and Track)

Waiver
In consideration of the undersigned being permitted to participate in any way in the Motorsport Lab, LLC sponsored Sightseeing Excursions, Airplane, Helicopter, Boating and Vehicle Driving Experiences and any associated activities (the“Activity”), the undersigned, for himself or herself, and on behalf of his or her heirs, personal representatives, executors, administrators or assigns, does hereby release, waive, discharge and covenant not to sue Motorsport Lab, LLC and/or any of its affiliates, subsidiaries, directors, employees, and officers (collectively, Motorsport Lab, LLC), from liability from any and all claims, including negligence, that result in personal injury, accidents, illnesses (including death), and property loss arising from, but not limited to, participation in the Activity.

Assumption of Risks
Participation in the Activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, but the risks range from minor injuries to catastrophic injuries, including death. There is also risk that the other persons present at the Activity may not exercise due caution and care, which could lead to additional risk and injury. Motorsport Lab, LLC does not warrant or guarantee that the physical location of the Activity is safe and appropriate for the Activity and/or that any equipment used is in good and proper working order. The undersigned understands that he or she is responsible for determining whether he or she is physically able to participate in the Activity and/or should discontinue participation in the Activity or take other actions to protect his or her health and safety. The undersigned has read the foregoing paragraphs and knows, understands and appreciates these and other risks that are inherent in the Activity. The undersigned hereby asserts that his or her participation in the Activity is voluntary and that he or she is knowingly assuming all such risks.

Indemnification and Hold Harmless
The undersigned also agrees to indemnify and hold Motorsport Lab, LLC harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought against Motorsport Lab, LLC as a result of his or her involvement in the Activity and to reimburse Motorsport Lab, LLC for any such expenses incurred.

Severability
The undersigned further expressly agrees that this Waiver of Liability, Assumption of Risk and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Massachusetts and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

Acknowledgement of Understanding
The undersigned acknowledges that he or she has read this Waiver of Liability, Assumption of Risk and Indemnity Agreement, fully understands its terms, and understands that he or she is giving up substantial rights, including his or her right to sue. The undersigned also agrees and acknowledges that his or her participation in the Activity is completely voluntary, is undertaken on his or her own personal time, and is not within the course or scope of his or her employment Motorsport Lab, LLC (if applicable). The undersigned agrees that the Activity is a voluntary recreational or athletic activity that is not required or expected and is not covered under applicable workers’ compensation statutes. As such, the undersigned understands that he or she will be personally liable for all costs of treatment or care, or other financial expenditures or financial loss or impairment that might arise from his or her participation in the Activity. The undersigned acknowledges that he or she is signing the agreement freely and voluntarily, and intends his or her signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
7. Governing Law
This relationship shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without consideration of the conflict of laws principles thereof. Venue for all disputes arising under or in respect of this Agreement shall lie before any court of competent jurisdiction located in Middlesex County, Commonwealth of Massachusetts. Any action for damages, whether arising from contract, tort, or otherwise must be brought within one year from the date of departure or shall be irrevocably waived.
8. Disputes

The parties agree to resolve any dispute arising out of or relating in any way to this Agreement as follows:

a. Mediation. If the dispute is not settled by good faith confidential negotiation, the parties agree first to try to settle the dispute by mediation within 30 days of either party providing written notice of the dispute, such mediation to be administered by the American Arbitration Association (“AAA”) under its Commercial Mediation procedures. In the event the parties are unable to agree on a mediator, AAA shall appoint a mediator.
b. Arbitration. If mediation is unsuccessful, the dispute be resolved by binding arbitration rather than in court, such arbitration to be conducted by the AAA under its Commercial Arbitration Rules before a single, independent arbitrator. Payment of filing, administration and arbitrator fees will be governed by the AAA's rules. To begin arbitration, a party must send a letter to the other party requesting arbitration and describing the claim. If Supercar Lifestyles, LLC requests arbitration, it will send the letter to Participant’s most recent address on record. If Participant requests arbitration, it will send the letter to Supercar Lifestyles, LLC Corporate address.
c. Place of Mediation or Arbitration. The mediation or arbitration will take place in Middlesex county of Massachusetts
d. Exceptions to Mediation and Arbitration Requirement. As the only exception to the agreement to submit all disputes to mediation and binding arbitration as provided herein, Company and Participant both retain the right to pursue small claims court in Middlesex county of Massachusetts.
I FREELY AND VOLUNTARILY SIGN THIS AGREEMENT, AND AM NOT RELYING UPON ANY INDUCEMENT, ASSURANCE OR GUARANTEE MADE BY MOTORSPORT LAB OR ANY OTHER PARTY

(This section is your understanding of the preceding terms, it must be Checked or Signed order to participate).