TERMS AND CONDITIONS – Co-pilot laps inclusions, exclusions procedure and responsibilities.
This Agreement (“Agreement” or “Contract”) is between the (1) signatory (“Co-pilot” or “Participant” or “Registrant”) of the digital and/or paper version of the waiver of recourse, which includes the terms and conditions for the participation in a co-pilot lap on the Nürburgring (Nordschleife), acquirement of recording materials and other services and materials provided by Apex Nürburg GmbH, and (2) Apex Nürburg GmbH (“Apex”). If the Registrant is not a Participant – in other words, if the Registrant does not partake in the co-pilot lap – the Registrant can only be released of the responsibilities and liabilities pertaining to this contract, if the actual Participant sign the Contract. The booking of a co-pilot lap is binding, and not refundable.
The Participant obliges themself, with their signature, to follow all the rules or indications of the organization, the driver of the Apex taxi car and/or other Apex staff, official marshals, and/or other Nürburgring staff. The Co-pilot has read the safety regulations for tourist drives on the Nürburgring, as well as the on-board instructions of the Apex taxi. It is the Participant’s responsibility to acquire this information at their own initiative and understand the rules accordingly. (1) It is imperative that the safety equipment is fitting and tightened. Do not loosen or take off the harnesses or remove the helmet. (2) It is not allowed to touch the roll cage of the car. For bracing, hold on to the harnesses. (3) Do not touch any of the controls, displays or recording devices. (4) Do not get into or out of the car unsupervised. (5) Do not bring any loose or unsecured objects into car. (6) Recording devices not installed by the Apex staff are not allowed.
When participating in a tourist drive, the Co-pilot – by signing this contract – formally declares that, as a part of any activity and/or events they take part in, while being inside an Apex car, the Co-pilot waives, both for themself and any of his right holders, including their respective insurers, all possible claims, including for personal or bodily injury and material damage, to Apex, and/or its subsidiaries, contract partners, parent companies, affiliates, shareholders, directors, personnel and/or representatives, the driver of the vehicle, and the owner of the vehicle. Notwithstanding, all passengers entering an Apex vehicle are required to sign this Agreement, in order to release liability. The Co-pilot and/or Registrant accepts all liability in case unauthorized passengers sustains injury, due to the violation of this Contract. The Co-pilot is released from any damages caused by the driver of the car. However, the Participant is liable for any damages caused by the Participant, due to the disregard of the written or verbal instructions of the Apex staff and/or the driver of the car. Apex accepts no liability for objects left in the vehicle.
It remains the right of Apex to adjust or cancel the co-pilot program, implement a change in the booking terms, details or Contract based on, but not limited to (1) physical structure, health conditions and inadequate mental fitness due to, but not limited to, substances, of the Co-pilot, (2) weather conditions, (3) changes in readiness of the vehicle in terms of safety or maintenance, (4) volume of traffic on the public road or track, (5) as a result of force majeure, (6) security considerations and/or (7) requirements of the government, without any reimbursements being due by Apex, unless agreed up differently with the Apex staff. All (advanced) reservations require payment before the co-pilot lap can take place. If the co-pilot lap cannot be realized by the Co-pilot on the booked day due to a verifiable inability to do so, either a credit note will be created for the Co-pilot for the unrealized services, the co-pilot lap will be rescheduled, or the Co-pilot or Registrant will be allowed to transfer the credit to their person of choice. Credits may expire, the Participant or Registrant should inform themself accordingly. There are circumstances that may require the driver to slow down during the co-pilot lap, or cause delays to the starting time. These circumstances do not imply that the co-pilot lap will be considered as unrealized. The driver has the exclusive right to decide his own pace and driving style, depending on, but not limited to, safety, track conditions and the condition of the passengers. Cancellations due to the Participant’s personal choices regarding unfavorable weather during the planned co-pilot lap slot, a late arrival, an inflexible itinerary, or the similar, will not be refunded or accredited. The recording devices are constantly under a lot of stress. Should the recording fail, the Participant can apply for the refund of the recording, not the co-pilot lap. The Apex staff reserves the right to approve or deny all transfers and credit notes, based on provided information regarding the specific situation.
While using our services, the Co-pilot may be asked to provide us with certain personally identifiable information which may include, but is not limited to, an e-mail address. This information is collected for the purpose of invoicing, identification, and communication, and improving existing and developing new services. Apex has the right to track the Apex vehicle(s) by GPS, record videos and/or audio (both internally and externally) and appeal on images, also of third parties, to ensure that the terms and conditions as determined by this Contract, were in fact followed. The Driver consents to the usage and release of any and all auditive and visual recordings for the production of promotional and marketing material, litigation and legal proceedings, along with any other purpose that Apex or its employees see as reasonably applicable. This release exempts Apex, its employees and its associates from liability and/or recourse from the above use of said recordings. There are no additional addendums to this contract. The signatures of the Co-pilots are collected on a separate list. Should any section of this agreement be legally invalid, the invalid clause does not jeopardize the validity of the remaining sections or clauses in this agreement. Any and all agreements made by Apex Nürburg GmbH, its associates and its customers are to be made in writing. If an agreement is made and it is not documented, it is invalid and does not exist.