Organizer: Borgward Automotive (China) Co., Ltd.
Participant's name: ____________________
A participant (hereinafter referred to as "Participant") of the [Borgward Miyun Plant Visiting Test Drive] sponsored by Borgward Automotive (China) Co., Ltd. (hereinafter referred to as "[Test Drive]") must carefully read and sign this Participant Statement before getting permission to participate in the [Test Drive].
Participant Right Statement Terms
I accept that the [Test Drive] and the activities thereof are organized for the purpose of showing the mental outlook and skills of Participant (health, intelligence, cooperative spirit and pleasant driving experience), not for the purpose of making profit. I also fully understand that although sponsors, relevant parties engaged or authorized by sponsors to assist in holding the [Test Drive] and/or to provide service for this activity (collectively, "Organizers"), other participants and I will on a reasonable basis try to avoid accident and loss in the [Test Drive], the possibility of accidental cases resulting in property damage and even life or personal injury still cannot be avoided completely in the [Test Drive]. I hereby declare that I am fully aware of that and can bear the risk of participating in the [Test Drive].
On behalf of myself and those who may inherit my property and rights, I hereby make the following commitment: a) I fully understand and confirm that the sponsors and Organizers will assume liabilities for the [Test Drive] only to the extent of "reasonable duty of security". Other than that duty, the sponsors, Organizers and their respective employees will not be liable for any and all rights of claim for any form of loss or damage arising from or in connection with my participation in the [Test Drive] or any activity or mission in the [Test Drive], whether based on the contractual relationship established by this Participant Statement or under any other applicable laws; b) the foregoing understanding and confirmation shall operate as my waiver of relevant rights, if any, and I agree not to sue the sponsors, Organizers and/or their respective employees due to any and all claims or rights which I have waived; and c) I promise to and will hold harmless the sponsors, Organizers and their respective employees from and against the damage arising from any claim against them by anyone due to my behavior and any liability to anyone for my behavior.
I acknowledge that the [Test Drive] requires that I should have good health condition suitable for the whole process and all missions of this activity. I declare that my personal health condition are fit for the [Test Drive], and promise to assume all responsibility for this judgment. I further declare that I am responsible for my safety which depends on my alert and good judgment. I agree and promise that in any unsafe case I will immediately suspend or terminate the participation, notify the sponsors or Organizers and choose the safest way to deal with it at the first time.
I shall take all responsibilities for any personal injury, property damage and the additional costs incurred due to my personal reasons which include but are not limited to individual behaviors beyond the stipulated time, route and activity arrangement, the behavior of individual fault in such case as failure to abide by local laws and regulations of the place where the activity is held; individual behaviors during termination of participation in the activity, during free activity or prior to the start and after the end of the activity (including the case of early termination of the activity), etc.
Participant Code of Conduct
- Test drivers shall strictly follow the vehicle driving operation procedures in the process of activities, and shall not operate any facilities inside the car without prior consent of the trainer. In the process of driving, the test drivers shall carry out test drive under the guidance of the trainer in accordance with the route and speed designed by the trainer. If personal injury, property damage to the test drivers or a third party and damage or destruction of training vehicles (including without limitation vehicles for test drive, roads and facilities at the site) occur due to the test drivers' violation of the above provisions, the test drivers shall bear full liability for compensation.
- Test drivers have been clearly informed by the sponsors and fully aware of the aforesaid fact, but still willing to participate in the activity. Test drivers have been fully aware of the risks of participating in the [Test Drive] and willing and able to bear such risks and all losses, damages and legal liabilities under the [Test Drive] Participant Statement. If personal injury, property damage to the test drivers or a third party and damage or destruction of training vehicles (including without limitation vehicles for test drive, roads and facilities at the site) occur due to the test drivers' improper operation, the test drivers shall bear full liability for compensation.
- Test passengers must correctly operate facilities inside the car under the guidance of trainers and shall not make dangerous actions to disrupt the drivers in the process of vehicle travel. If a test passenger drives the car personally without authorization of the sponsors and results in his/her or a third party's personal injury, property damage and training vehicle damage or destruction, the test passengers shall bear full liability for compensation, and the sponsors and Organizers shall not take any responsibility.
- Participant agrees to fully indemnify the sponsors or Organizers from and against any loss, direct or indirect, incurred by the sponsors or Organizers arising from the fault or misconduct of Participant during the activity.
- During the activity, those people who have such diseases which are not suitable to be engaged in stimulus movement as heart diseases, hypertension, cardiovascular diseases, neurological diseases and asthma or pregnant women shall be strictly prohibited from participating in the activity. Test drivers and test passengers shall guarantee that they themselves have none of the above-mentioned diseases. Any emergency and life or personal injury and property loss incurred due to a test driver's or test passenger's concealment of his/her state of illness shall be borne by himself/herself, and the sponsors and Organizers shall not take any responsibility.
- During the activity, any personal injury and property loss caused by force majeure shall not be borne by the sponsors and Organizers. Sponsors and Organizers shall ensure that the vehicles provided for test drive are in good conditions and are insured.
- As a participant of the [Test Drive], I have taken the training provided by sponsors and Organizers on the safety code of the activity and will strictly follow the vehicle driving operation procedures.
- I will proactively cooperate with the sponsors, Organizers and their respective staff by following their arrangements, will observe the procedures of the activity, strictly follow the instructions of such persons, abide by local traffic laws and regulations, strictly observe the traffic safety rules within and outside the site of the activity, in order to ensure safety of road traffic and complete the [Test Drive] safely.
- I am aware of the rule that all participants are prohibited from drinking during daytime and are prohibited from driving after drinking at any time.
- I acknowledge that the [Test Drive] requires that I should have good health and mental condition suitable for the whole process and all missions of this activity. I declare that my personal health and mental condition are fit for the [Test Drive], and promise to assume all responsibility for this judgment.
By signing this Participant Statement, I hereby confirm that:
- I have read all the contents of [Test Drive] Application;
- I have read, understood and agreed on all the contents in the [Test Drive] Participant Statement;
- I understand that the Participant Code of Conduct is an integral part of this statement. I have the duty to read, understand and abide by the code, discipline policies, instructions, descriptions, details or specifications prepared by the sponsors or Organizers from time to time during the activity of [Test Drive], as well as all Chinese laws and regulations ("Rules"); I understand that the above Rules are applicable to all the activities, missions and items which I am engaged in during the [Test Drive]. I acknowledge and agree to abide by the Rules;
- I confirm that all waivers of rights made by me in the bold and underlined paragraphs are based on free will;
- I have told my close relatives or those who may inherit my property and rights that I participate in the [Test Drive] and the possible risks arising from or related to the [Test Drive]. In addition, I have gained their consent for me to participate in the [Test Drive] and to sign this Participant Statement. I promise that from the time when I sign this statement, the contents of this statement have the same effect on my relatives and those who may inherit my property and rights;
- As a test driver (Non-Chinese nationality), I am twenty (20) years old or over, holding a genuine and valid driver's license of my nationality (which was issued before January 1, 2013); I have at least two years of driving experience, and can adapt to all kinds of road condition and handle all kinds of emergency;
- I agree that the dispute arising from the matters related to the [Test Drive] and from the interpretation and execution of related documents shall be solved by consultation as far as possible by the parties; if consultation fails, the dispute shall be submitted to a court which is located at the domicile of the sponsors of the activity for litigation;
- I declare that I have never participated in any professional racing;
- I understand that participation in the [Test Drive] is completely based on free will. I declare that I apply for participating in the [Test Drive] on free will. I further declare and guarantee that the above statement which I make and the information provided herein is true, without any material misleading content or omission. Where any item of the statement which I make and any information which I provide is not true, misleading or with omission, I accept related punishment measures taken by the sponsors and/or Organizers, including but not limited to cancellation of my qualification for all or part of the activities, bearing the expenses and dealing with the formalities related to the trip back by myself and compensating the expense paid by the sponsors.
The Participant Statement shall take effect from the date of signing, which is irrevocable.
Please transcribe in the following blank "I fully understand and accept the contents of the [Test Drive] Participant Statement".