easytracks indemnity

[anonymous-user]

i notice easytracks new indemnity form includes the paragraph

"5. I agree that any images, moving or still, that I or any person attending as my guest, make at the event remain the property of EE(UK) Ltd and are for my own personal use only. If any of these images are used in any commercial enterprise, publication, broadcast or any other form of public media I agree to pay EE(UK) Ltd the sum of £25’000 per instance and any fee levied by the circuit operators. "

WTF ??? if i read that correctly i cant post any pics or in car vid on the internet. is that even enforceable ?

[Racylady]

£25,000.00?

But - if you've read it, understood it and signed it - yes it would be enforceable unless a Court holds it to be an unfair contract term.

I suppose they are trying to stop guys going along, taking photos of lots of people and making money on it rather than the Joe Bloggs who gets a mate to take a couple of him which are subsequently posted on a forum or the like. Not very well worded though and I think I'd have to think twice before signing it.

[m-five]

Also if they are saying "sign this indemnity form or don't participate" then they are not warning you that the form is far wider reaching than a simple indemnity.

I don't think this is actually what the indemnity form says, but rather what their terms & conditions are, with the indemnity bit making up a small part of it.

I'd cross the clause out and then sign it - if they accept it and it then comes to a claim you can point out that they accepted your amendment by letting you participate.

They cannot absolve responsibility for negligence on the part by getting you to sign a waiver, i.e. if someone is found to be driving an unroadworthy car, or in an out of control manner, and they do nothing about it, then it becomes their responsibility and any damages arising will come out of their public liability insurance.


>> Edited by m-five on Friday 20th May 17:50